Brooklyn Heights Railroad v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn City Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of March, 1910, upon the report of a referee for $3,367,330.18, in an action to recover damages for breach of contract. For many years from February, 1893, the defendant had been engaged in the successful operation of street surface railroads in the city of Brooklyn, H..
Read the full summary
Appeal by the defendant, The Brooklyn City Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of March, 1910, upon the report of a referee for $3,367,330.18, in an action to recover damages for breach of contract. For many years from February, 1893, the defendant had been engaged in the successful operation of street surface railroads in the city of Brooklyn, H.. Y. At that time, and while engaged in converting the roads into an electric system, it entered into an agreement to lease its…
1Opinion of the Court
Rich, J.:
The facts presented are so interesting, the arguments of counsel so elaborate and the amount involved in this controversy so great, that we feel called upon to give full expression of our views upon the important issues involved.
If the tripartite agreement constituted • an accord and satisfaction, as is so ably contended by counsel for appellant, the judgment must be reversed and this action ended. It may be well, therefore, to take up the immediate consideration of that paper. '
The defendant claims that the agreement constitutes a valid binding accord and satisfaction of each and…
2Cases cited25 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Ryan v. . WardNew York Court of Appeals · 1872
- Wright v. . DelafieldNew York Court of Appeals · 1862
20 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Williams v. BartellAppellate Division of the Supreme Court of the State of New York · 1962
- Speciale v. SciasciaAppellate Division of the Supreme Court of the State of New York · 1942
- Werblud v. Mehadrin Dairy Corp.New York Supreme Court · 1957
- T. W. Warner Co. v. AndrewsCourt of Appeals for the Second Circuit · 1938
- Brooklyn Heights R. Co. v. Brooklyn City R. Co.Appellate Division of the Supreme Court of the State of New York · 1913