Legal Opinion

People on rel. Ward v. Kelsey

New York Supreme Court

Decided September 15, 1862PublishedCited by 9 opinions

Certiorari to the city judge of Brooklyn. The writ was issued on the petition of Robert M. Ward, Walter S. Gove, and Edward P. Morris, for the purpose of reviewing certain summary proceedings to recover the possession of a wharf, which were instituted by Charles Kelsey, as landlord, against Ward, Gove & Morris, as tenants.

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Certiorari to the city judge of Brooklyn. The writ was issued on the petition of Robert M. Ward, Walter S. Gove, and Edward P. Morris, for the purpose of reviewing certain summary proceedings to recover the possession of a wharf, which were instituted by Charles Kelsey, as landlord, against Ward, Gove & Morris, as tenants. Kelsey had rented to Ward & Gove certain storehouses and a pier at the foot of Sedgwick-street, Brooklyn, together with his right, title, and interest in the water in front thereof. A year afterwards he agreed in writing to build in a certain manner, and let to Ward, Gove &…

1Opinion of the Court

By the Court.*—Brown, J. —

On the 27th of September, 1858, Robert M. Ward and Walter S. Gove, two of the relators, by a lease of that date, became the tenants of the defendant, Charles Kelsey, of certain storehouses and a pier at the foot of Sedgwick-street, in the city of Brooklyn, together with all Kelsey’s right and title to the water in front thereof. The term was for ten years from the first of February, 1859, at an annual rent of $10,000. They entered into possession of the demised premises, and have so remained in possession since the commencement of the term. On the 9th day of June,…

2Cases cited5 opinions

  1. Ingraham v. . BaldwinNew York Court of Appeals · 1853
  2. Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
  3. Duigan v. HoganThe Superior Court of New York City · 1858
  4. Jackson ex dem. Norris v. SmithNew York Supreme Court · 1827
  5. La Farge v. MansfieldNew York Supreme Court · 1859

3Cited by9 opinions

  1. In re Oklahoma Planning & Resources BoardSupreme Court of Oklahoma · 1949
  2. Target Stores, Inc. v. Twin Plaza Co.Supreme Court of Minnesota · 1967
  3. Weed v. Lindsay & MorganSupreme Court of Georgia · 1892
  4. Colclough v. CarpelesWisconsin Supreme Court · 1895
  5. Rowland v. DillinghamAppellate Division of the Supreme Court of the State of New York · 1903

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