Storms v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Manhattan Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York, on the 21st day of February, 1902, upon the decision of the court rendered after a trial at the New York Special Term.
1Dissent
McLaughlin, J. (dissenting):
I cannot concur in the views expressed in the prevailing opinion. The facts bring the case, as it seems to me, clearly within the principle laid down in Kernochan v. Manhattan Railway Co. (161 N. Y. 339), and, if I am correct in this, then the judgment should be reversed.
On the 1st of May, 1872, the premises in question were leased by the city of New York to Francis J. Leggett for a period of twenty-one years. The lease contained a covenant to the effect that at the expiration of the term the lessee, “ his executors, administrators and assigns,” had the privilege…
2Cases cited2 opinions
- Kernochan v. . Manhattan Railway Co.New York Court of Appeals · 1900
- Livingston v. . SageNew York Court of Appeals · 1884