Dry Dock, E. B. & B. Railroad v. North & East River Railway Co.
New York Court of Common Pleas
Appeal from trial term. Action by the Dry Dock, East Broadway & Battery Railroad Company against the North & East River Railway Company to recover money due on a lease. A judgment was entered on a verdict directed by the court in favor of plaintiff, and defendant appeals.
1Opinion of the CourtPryor, J.
On the 15th February, 1890, the plaintiff, for a stipulated rental of $1,500 a year, payable quarterly in advance, let to the defendant the privilege of running its cars on plaintiff’s railroad tracks, “payments commencing frqm the time the said party of the second part shall exercise or avail itself of the consent and privilege hereby given.” On an allegation of a default by defendant to pay an installment of rent due 1st of December, 1891, plaintiff brought, this action to recover $375. Putting in evidence the agreement called a “lease,” and a former judgment between the parties, plaintiff…
2Cases cited7 opinions
- Gates v. . PrestonNew York Court of Appeals · 1869
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
- Bullard v. . SherwoodNew York Court of Appeals · 1881
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3Cited by1 opinion
- Heine v. Albin Gustafson Co.New York Supreme Court · 1983