Pike v. Butler
New York Supreme Court
In Equity. This was an appeal by the plaintiff from a decree of the former assistant vice chancellor of the first circuit. The bill was filed by the assignee of a lease of premises at the corner of Broome and Mercer-streets, in the city of New-York, against the assignee of the lessor, to compel the defendant to pay the plaintiff the value of a brick building erected upon the premises by the plaintiff during the continuance of the lease.
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In Equity. This was an appeal by the plaintiff from a decree of the former assistant vice chancellor of the first circuit. The bill was filed by the assignee of a lease of premises at the corner of Broome and Mercer-streets, in the city of New-York, against the assignee of the lessor, to compel the defendant to pay the plaintiff the value of a brick building erected upon the premises by the plaintiff during the continuance of the lease. The facts will be found detailed in the opinion of the court. The cause was heard before the assistant vice chancellor upon pleadings and proofs, who made a…
1Opinion of the Court
By the Court, Hurlbut, P. J.
The lessor of the premises, referred to in the bill of complaint, covenanted that if the lessee should erect a two story dwelling house corresponding in elevation with a dwelling already built on a part of the demised premises, the lessor, at the termination of the lease, would pay for the building so erected, at a valuation not to exceed $2500, to be made by two appraisers, one to be selected by each party, with power in case of disagreement., to select a third appraiser, and that the award of any two of them should be final. The tenant erected a building on the…
2Cited by3 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Tallman v. EarleNew York Court of Common Pleas · 1891
- Palmer v. FoleyThe Superior Court of New York City · 1876