Haefelin v. McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph A. Haefelin, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of January, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the plaintiffs complaint.
1Opinion of the Court
Ingraham, J.:
The complaint alleges that the plaintiff is the owner of a piece of property abutting on the easterly side of. Broadway, between One Hundred and Sixty-fourth and One Hundred and Sixty-fifth streets, in the city of New York; that on or about February 21, 1900, the city of New York, acting by the board of rapid transit railway commissioners, entered into a contract with the defendant for the construction and equipment of a rapid transit railroad upon the routes and pursuant to the general plan therein prescribed; that the said contract provided that the defendant should receive, in…
2Cases cited10 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Blake v. . FerrisNew York Court of Appeals · 1851
- Little v. . BanksNew York Court of Appeals · 1881
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3Cited by1 opinion
- Rochester Dry Goods Co. v. FahyAppellate Division of the Supreme Court of the State of New York · 1906