Davis v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order-made December 1Y, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated, in the opinion. Both judgments were firm debts; neither had priority or preference as such.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order-made December 1Y, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated, in the opinion. Both judgments were firm debts; neither had priority or preference as such. The first sale under either was valid and vested title in the purchaser, subject only to the right of redemption. (Van Brunt v. Applegate, 44 N. Y. 544; Menagh v. Whitwell, 52 id. 146; Statts v. Bristow, 73 id.…
1Opinion of the CourtDanforth, J.
The defendant occupied certain premises, not its own, of a rental value of $100 per year, during- the year 1882, and down to July 1, 1884. Ho rent has been paid to anyone, and the plaintiff, claiming in part as assignee of a former owner and for the residue as owner, sues for reasonable satisfaction for that use and occupation. So far as he claimed as assignee the referee found against him, but gave judgment in his favor for the rental value of the premises from the 1st of July, 1883, to the 1st of July, 1884. The issue was upon his title to the premises, and the only question on this appeal…
2Cases cited2 opinions
- Smith v. . HallNew York Court of Appeals · 1876
- Saunders v. . ReillyNew York Court of Appeals · 1887
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- Geitner v. United State Fidelity & Guaranty Co.New York Court of Appeals · 1929
- Lewis v. Pleasant Country, Ltd.Court of Appeals of Arizona · 1992
- Thayer v. HumphreyWisconsin Supreme Court · 1895
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