Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the iirst judicial department, entered February 11, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. ■». The so-called lease of March, 1864, is a conveyance in fee of the coal in place as land, and not a mere executory contract as found by the referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the iirst judicial department, entered February 11, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. ■». The so-called lease of March, 1864, is a conveyance in fee of the coal in place as land, and not a mere executory contract as found by the referee. (Genet v. D. & H. C. Co., 122 N. Y. 505; 136 N. Y. 593; Caldwell v. Fulton, 31 Penn. St. 475; Miles v. D. & H. C. Co., 140 Penn. St. 623;…
1Opinion of the CourtGulden, J.
This controversy arises out of a written agreement for the mining of coal in a tract of land in Pennsylvania. The instrument is denominated a lease. The material parts of the lease are stated in the report of a prior litigation between the parties found in 136 N. Y. p. 593. A similar abstract of its provisions, somewhat less full, is given in Genet v. This Defendant (122 N. Y. 505), and the lease is set forth in full, with the exception of the description of the lands demised, in 13 Misc. Rep. p. 409. Under the circumstances we do not feel justified in incumbering the reports with a further…
2Cases cited5 opinions
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- In re the Trustees of the New York & Brooklyn BridgeNew York Court of Appeals · 1878
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
- Wheeler v. . RuckmanNew York Court of Appeals · 1873
3Cited by32 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Ronnen v. Ajax Electric Motor Corp.New York Court of Appeals · 1996
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
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