Wheelock v. . Noonan
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 6, 1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 21 J. & S. 286.) This action was brought to compel defendant to remove? from certain lots belonging to plaintiff, situate in the city of Hew York, a quantity of rocks or boulders placed thereon by defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 6, 1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 21 J. & S. 286.) This action was brought to compel defendant to remove? from certain lots belonging to plaintiff, situate in the city of Hew York, a quantity of rocks or boulders placed thereon by defendant. The material facts are stated in the opinion.
1Opinion of the CourtFinch, J.
The findings of the trial court establish that the defendant, who was a total stranger to the plaintiff, obtained from the latter a license to place upon his unoccupied lots in the upper part of the city of New York a few rocks for a short time, the indefiniteness of the period having been rendered definite by the defendant’s assurance that he would remove them in the spring. Nothing was paid or asked for this permission and it was not a contract in any just sense of the term, but merely a license which by its terms expired in the next spring. During the winter, and in the absence and without…
2Cases cited5 opinions
- Beach v. . CrainNew York Court of Appeals · 1848
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
- Troy & Boston Railroad Co. v. Boston, Hoosac Tunnel & Western RailwayNew York Court of Appeals · 1881
- Murdock v. Prospect Park & Coney Island RailroadNew York Court of Appeals · 1878
- Avery v. New York Central & Hudson River RailroadNew York Court of Appeals · 1887
3Cited by51 opinions
- United States v. PriceCourt of Appeals for the Third Circuit · 1982
- United States v. PriceCourt of Appeals for the Third Circuit · 1982
- Hahl v. . SugoNew York Court of Appeals · 1901
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Heyman v. . BiggsNew York Court of Appeals · 1918
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