Dix v. Jaquay
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Morgan Dix, from a judgment of the Supreme Court in favor of the defendant, entered in the office of ' the cleric of the county of Madison on the 5th day of January, "1904, upon the report of a referee dismissing the plaintiff’s complaint.
1Opinion of the Court
Smith, J.:
A single question is presented by this appeal: Can a life tenant recover of á sub-tenant, who has committed'waste upon the premises, full indemnity for the injury to the premises, including not only his own loss, but the loss to the remainderman ? The plaintiff is a life tenant of the premises upon which the waste was committed. It does not appear to whom the property goes after his death. The defendant committed waste which has been held by the referee to-have been no injury to the estate of the life tenant, but to have injured the estate of the remainderman to the extent of…
2Cases cited8 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Madison Square Bank v. PierceNew York Court of Appeals · 1893
- Merrick v. BrainardNew York Supreme Court · 1860
- Baker v. . HartNew York Court of Appeals · 1890
- Austin v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- Assets Realization Co. v. Mercantile National BankAppellate Division of the Supreme Court of the State of New York · 1915
- Deyo v. HudsonAppellate Division of the Supreme Court of the State of New York · 1916
- Drogen Wholesale Electric Supply, Inc. v. StateNew York Court of Claims · 1965
- Rogers v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1912
3 more not listed; retrieve them via the Exa API.