Schoellkopf v. . Coatsworth
New York Court of Appeals
Appeal, by permission, from a judgment, entered November 30, 1900, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed an interlocutory judgment sustaining a demurrer to the complaint and overruled such demurrer. The following question was certified: “ Does the amended complaint herein state a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment, entered November 30, 1900, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed an interlocutory judgment sustaining a demurrer to the complaint and overruled such demurrer. The following question was certified: “ Does the amended complaint herein state a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not state a cause of action; the covenant relied on to pay for the buildings was satisfied by the first renewal (Kutter…
1Opinion of the CourtMartin, J.
The purpose of this action is to recover the value of certain buildings and improvements erected upon premises now owned by the defendants. The agreements upon which the plaintiffs base their right of action are contained in a lease made by and between the defendants’ predecessors in title and one Thomas J. Dudley, to whose rights the plaintiffs have succeeded.
The contention of the appellants that the plaintiffs, as successors to the rights of the original lessee, are not entitled to maintain this action against the defendants who have acquired the title of the original lessors, cannot be…
2Cases cited5 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Russell v. . AllertonNew York Court of Appeals · 1888
- Jugla v. . TrouttetNew York Court of Appeals · 1890
- Wright v. . ReusensNew York Court of Appeals · 1892
- Matter of CoatsworthNew York Court of Appeals · 1899
3Cited by24 opinions
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Simon v. . EtgenNew York Court of Appeals · 1915
- Pittsfield & North Adams Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1927
- Sanford v. . Brown Brothers Co.New York Court of Appeals · 1913
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