Mattoon v. Munroe
New York Supreme Court
Appeal from- a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought to recover rent alleged to be due from the defendants to the plaintiff, upon a lease of two dry-docks. The lease was dated July 15, 1871, and was for the term of five years.
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Appeal from- a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought to recover rent alleged to be due from the defendants to the plaintiff, upon a lease of two dry-docks. The lease was dated July 15, 1871, and was for the term of five years. The demised premises were therein described as “ the two dry-docks situate on the Oswego canal, in the city and county aforesaid (of Oswego), opposite to and wrest from the lower lock, being the same docks built by said A. 0. Mattoon on lands belonging to the State of New York, for canal purposes, under and by…
1Opinion of the Court
Harden, J.:
It must be assumed that the lands upon which the plaintiff constructed dry-docks belonged to, and were the lands of the State, held for the purposes of the operation of the canals. (See permit to plaintiff, in resolution of August 30,1865.) Such is the express declaration in the lease of 1871$ executed- between the parties. That lease declares the dock leased then to be situated upon the lands of the State.
This language is used, viz.: “ Being the same docks built by said A. O. Mattoon, on lands belonging to the State of New York for *78canal purposes, under and by virtue of a grant…
2Cases cited5 opinions
- Burbank v. . FayNew York Court of Appeals · 1875
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
- The Home Life Ins. Co. v. . ShermanNew York Court of Appeals · 1871
- Moffat v. StrongsThe Superior Court of New York City · 1861
- Burbank v. FayNew York Supreme Court · 1871