Genet v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the tim'd judicial department, entered upon an order made February 14, 1890, which reversed an interlocutory judgment entered upon an order of Special Term overruling a demurrer to the complaint and ordered that said demurrer be sustained and final judgment directed in favor of defendant dismissing the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the tim'd judicial department, entered upon an order made February 14, 1890, which reversed an interlocutory judgment entered upon an order of Special Term overruling a demurrer to the complaint and ordered that said demurrer be sustained and final judgment directed in favor of defendant dismissing the complaint. The complaint set forth a written instrument, the material portions of which are as follows: “Memorandum of agreement made and concluded this twenty-eighth day of March, A. D. one thousand eight hundred and sixty-four…
1Opinion of the CourtFinch, J.
The questions in this case, which are both difficult and important, arise upon a demurrer which denies that the complaint of the plaintiff contains any cause of action. That complaint sets out literally the contract between the parties which is in writing and in the form of a lease. They differ widely as to its construction, the lessors describing it as an agreement merely, which, although relating to an interest in land, does not convey the land in fee, while the lessee construes it as a deed of the coal veins or strata underlying the surface,^and as a severed parcel of the land itself. It…
2Cases cited4 opinions
- King v. . LeightonNew York Court of Appeals · 1885
- Dermott v. . the StateNew York Court of Appeals · 1885
- Weaver v. RothSupreme Court of Pennsylvania · 1884
- Scrantom v. BoothNew York Supreme Court · 1859
3Cited by87 opinions
- Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Maas v. Cornell UniversityNew York Court of Appeals · 1999
- Gertler v. GoodgoldAppellate Division of the Supreme Court of the State of New York · 1985
- Cousins Investment Co. v. Hastings Clothing Co.California Court of Appeal · 1941
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