Legal Opinion
Stilwell v. Kenedy
New York Supreme Court
Decided November 15, 1901Published
Action to recover on express covenant.
1Opinion of the CourtMcAdam, J.
This cause was tried by the late Mr. Justice ' Smyth, but was not decided by him. By stipulation of the par-. ties, it is now submitted to me for decision.
On November 18, 1891, the plaintiff sold at public auction to defendant Kenedy a piece of real property on Third avenue, in this city, abutting the elevated railroad, and in the terms of sale it is stated that “ the owner reserves all claims for damages against the elevated railroad company.” On December twenty-third fol-. lowing the plaintiff delivered a deed of said premises to said defendant, in which instrument appears the following…
2Cases cited4 opinions
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Kernochan v. New York Elevated RailroadNew York Court of Appeals · 1891
- Shepard v. Metropolitan El. Railway Co.New York Supreme Court · 1894
- Western Union Telegraph Co. v. ShepardAppellate Division of the Supreme Court of the State of New York · 1900