Nickerson v. Canton Marble Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, St. Lawrence county. Action by Sherman L. Nickerson and another against the Canton Marble Company, Limited, impleaded with others, to have a mining lease canceled as a cloud on plaintiffs’ title. From a judgment entered on a decision for plaintiffs, defendant company appeals.
1Opinion of the CourtMerwin, J.
On the 14th May, 1892, Sherman H. Nickerson and Sarah A. Nickerson, his wife, the plaintiffs herein, executed to James W. Carpenter, Jr., and others, a lease of certain premises in the town of Canton for the term of 99 years, with the right to quarry marble thereon and appropriate the same to their own use; the lessees agreeing to pay a royalty of 10 cents per ton, payable quarterly. The lessees agreed that, if at any time there should be a failure on their part to account for or pay over any sum due and payable,, within 30 *706days after it became due, ánd after’demand for the payment, then the…
2Cases cited2 opinions
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
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