Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of defendants dismissing the complaint upon the merits, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of defendants dismissing the complaint upon the merits, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court below had full power, and it was its duty to reform this lease, upon satisfactory proof that the clause in controversy, by reason of mutual mistake, or of mistake on one side and fraud upon the other, failed to…
1Opinion of the CourtMartin, J.
The essential purpose of this action, as alleged in the complaint, was to reform a contract or lease made by and between the Twenty-third Street Bailway Company, The Bleeclcer Street and Fulton Ferry Bailroad Company, and The Christopher and ‘Tenth Street Bailroad Company, dated the twentieth day of May, 1884. The plaintiffs sought to have the lease reformed by adding to the reservation therein after the words “ Fourteenth street,” the words “ Between Bintli and Eleventh avenues.” The reservation contained in the lease reads as follows: “ It being understood and agreed that the party of the…
2Cases cited31 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Gillespie v. MoonNew York Court of Chancery · 1817
- Murray v. . MarshallNew York Court of Appeals · 1884
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
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3Cited by29 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- In re EichnerAppellate Division of the Supreme Court of the State of New York · 1980
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
- Whalen v. . StuartNew York Court of Appeals · 1909
- New York Life Ins. Co. v. StreetCourt of Appeals of Texas · 1924
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