Genet v. President, Managers & Company of the Delaware & Hudson Canal Co.
The Superior Court of New York City
Appeal by both parties from the judgment herein. The action was tried before a referee. The complaint contained two causes of action. The referee dismissed the complaint as to the first cause of action and as to the second cause of action directed a judgment against the defendant for damages, and for injunctive relief. Judgment was entered in conformity with the report.
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Appeal by both parties from the judgment herein. The action was tried before a referee. The complaint contained two causes of action. The referee dismissed the complaint as to the first cause of action and as to the second cause of action directed a judgment against the defendant for damages, and for injunctive relief. Judgment was entered in conformity with the report. Plaintiff appeals from so much of the judgment as dismisses the complaint as to the first cause of action, and defendant appeals from so much as awards damages and injunctive relief against it on the second cause of action.…
1Opinion of the Court
Henry E. Sickles, Referee.
The language of the lease or contract upon which this action is based, as to the duties imposed upon the defendant in the matter of mining coal, is so clear and unmistakable tha,t there can be no reasonable doubt as to its meaning. The defendant, the party of the second part, agrees, “to mine from said land, in the year one thousand eight hundred and sixty-four, not less than ten thousand tons of coal; in the year one thousand eight hundred and sixty-five, not less than ten thousand tons, and twenty thousand in each and every year thereafter. It being understood that…
2Cases cited46 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- White v. . HoytNew York Court of Appeals · 1878
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