McDonald v. Fiss
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael F. McDonald, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 10th day of May, 1900, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Rumsey, J.:
In 1891 the firm of Fiss & Doerr, dealers in horses, were in.possession of *a lot known as No. 123 East Twenty-fourth street -under a lease from the'trustees of the Lorillard estate, which would expire on the 1st of May, 1894. Fiss & Doerr Were the owners of a building erected on the lot for their use. The plaintiff, who was also a horse dealer, .paid to Fiss & Doerr $1,000 for their interest in. the building and for an assignment of the lease. Before hé- made the purchase he was told by them that the lease expired on the 1st day of May, 1894, but that it was a Lorillard lease, and…
2Cases cited1 opinion
- Mitchell v. . ReedNew York Court of Appeals · 1874
3Cited by4 opinions
- Toms Point Apartments v. GoudzwardNassau County District Court · 1972
- Risk v. RisherMississippi Supreme Court · 1944
- Braschi v. Stahl Associates Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Breweries v. WohlstadterAppellate Division of the Supreme Court of the State of New York · 1917