Munro v. Syracuse, Lake Shore & Northern Railroad
New York Court of Appeals
'Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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'Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. On the 22nd of May, 1899, the predecessors of the plaintiffs, as parties of the first part, entered into an indenture with the Syracuse, Lakeside & Baldwinsville Railway Company, the predecessor of the defendant and the party of the second part, under the seals and signatures of both parties thereto. The parties of the first part, after…
1Opinion of the CourtVann, J.
The first question presented for decision is whether the stipulation relating to passes is a covenant or a condition. Both grantor and grantee signed the instrument, which provides that “ this grant is made and received, and may be enjoyed by the second party, its successors and assigns, subject to the following conditions,” and among the “following conditions” was the provision for annual passes. After that provision was a forfeiture clause specifying that in case of failure “to keep and perform the conditions above expressed and each of them * * * the rights and privileges hereby conferred…
2Cases cited12 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Graves v. . DeterlingNew York Court of Appeals · 1890
- Plumb v. . TubbsNew York Court of Appeals · 1869
- Stuart v. EastonSupreme Court of the United States · 1898
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3Cited by26 opinions
- Bull v. . BurtonNew York Court of Appeals · 1919
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- Board of Education v. BrophyNew Jersey Court of Chancery · 1919
- City of New York v. Coney Island Fire Department of GravesendAppellate Division of the Supreme Court of the State of New York · 1940
- Stonegate Family Holdings, Inc. v. Revolutionary Trails, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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