Legal Opinion

New York University v. American Book Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1909PublishedCited by 1 opinion

Appeal by "the 'defendant, the American Boole Company* from an interlocutory judgment of the Supreme Court it! favor of the plaintiff, entered in the office of the clerk of the county of Hew York on .the 16th day of January, 1909, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the complaint. The opinion of the Special Term is reported in New York University v. American Book Co. (62 Misc. Rep. 122).

1Opinion of the Court

Laughlin, J. :

The demurrer is upon the ground that the complaint fails to state facts sufficient to constitute a cause, of action against the defendant.

On the 9th day of March, 1894, the plaintiff made a contract with *733the American Book Company, a Hew Jersey corporation, by which the plaintiff obligated itself to erect a ten-story building with basement and sub-basement on premises owned by it fronting on University place in the city of Hew York, and by which said Ainerican Book Company agreed to lease the entire building below the eighth ■floor for a period of twenty-five years, for the…

2Cases cited7 opinions

  1. Wagner v. City of Rock IslandIllinois Supreme Court · 1893
  2. Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
  3. Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
  4. City of East Grand Forks v. LuckSupreme Court of Minnesota · 1906
  5. Powell v. City of DuluthSupreme Court of Minnesota · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Brandt v. StadlerAppellate Terms of the Supreme Court of New York · 1913

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