Humphreys v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from special term, New York county. Action by Solon Humphreys and Edwin D. Morgan against the New York, Lake Erie & Western Railroad Company. From an order denying a motion to strike out certain allegations of the complaint, defendant appeals.
1Opinion of the CourtDaniels, J.
The action has been brought by the plaintiffs, as the trustees of a voluntary association, to recover eight different amounts upon an agreement entered into with the defendant for certain rolling stock delivered to and used by it. This rolling stock was received by the defendant under and pursuant to the agreement, which was made for the term of 10 years from the 1st of Hovember, 1881, unless sooner terminated, as the agreement or lease itself afterwards provided it might be; and by the covenants or stipulations contained in the agreement the defendant bound itself to pay certain sums of…
2Cases cited1 opinion
- Humphreys v. New York, L. E. & W. R. Co.New York Supreme Court · 1889
3Cited by1 opinion
- Smith v. MoonelisNew York Court of Common Pleas · 1892