Nickerson v. Canton Marble Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Canton Marble Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff's, entered in the office of the clerk of the county of St. Lawrence on the 30tli day of November, 1897, upon the decision of the court rendered after a trial before the court without a jury at the St. Lawrence Trial Term, adjudging that a certain mining lease be declared terminated and be surrendered and canceled as a cloud upon the plaintiffs’ title.
1Opinion of the Court
Merwin, J.:
On the 14th of 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 *112Canton for the term of ninety-nine years, with the right to quarry marble thereon and appropriate the same to their own use, the lessees agreeing to pay a royalty of ten 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 thirty days after it become due, and after demand…
2Cases cited2 opinions
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
3Cited by4 opinions
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- United States v. Bedford AssociatesDistrict Court, S.D. New York · 1980
- Yates v. VailNew Mexico Supreme Court · 1923
- Island Small Business Investment Corp. v. Primrose Homes Corp.New York Supreme Court · 1962