Sweet v. . Henry
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1901, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1901, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial. The referee found in substance as follows: In July, 1884, • one Van Dresser was the owner and in possession of certain hotel property in the town of Hume, in the county of Allegany, and on that day he leased to Baker and Sweet, for a period of fifteen years, a vacant strip of land forty feet wide and one hundred and twenty feet long, the lease providing: “ Said…
1Opinion of the CourtBartlett, J.
The plaintiff, as the owner of certain premises, brought this action to restrain by injunction the removal of a building'therefrom. A temporary injunction was granted, and afterwards modified by consent of parties so as to permit the defendants to remove the building on giving a bond for damages.
The single point is presented whether the plaintiff was chargeable with constructive notice of the alleged right of the defendants to remove the building in question.
This opinion i's preceded by a statement of the facts showing in detail the chronology of the case and the disclosures in the chain of…
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- Williamson v. . BrownNew York Court of Appeals · 1857
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Anderson v. . BloodNew York Court of Appeals · 1897
- Smith v. . RobertsNew York Court of Appeals · 1883
- Asche v. . AscheNew York Court of Appeals · 1889
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