Legal Opinion

Continental Insurance v. New York & Harlem Railroad

New York Court of Appeals

Decided January 15, 1907PublishedCited by 8 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1905, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the Court

Cullen, Ch. J.

In April, 1873, the defendant, The Flow York & Harlem Bailroad Company, entered into an agreement with the defendant, The Flew York Central Bailroad Company, whereby it demised that part of its railroad which was theretofore operated by steam power, together with the rolling stock used thereon, and which lay north of Forty-second street in the city of Flew York, to the latter company for the term of four hundred and one years; the lessee yielding and paying therefor to or on account of the said party of the first part (the-Harlem Company) during the continuance of said demised…

2Cases cited3 opinions

  1. Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
  2. De Peyster v. . MichaelNew York Court of Appeals · 1852
  3. I. Townsend Burden v. BurdenNew York Court of Appeals · 1899

3Cited by8 opinions

  1. Hornstein v. Paramount Pictures, Inc.New York Supreme Court · 1942
  2. Levine v. BehnNew York Court of Appeals · 1940
  3. Kranich v. BachAppellate Division of the Supreme Court of the State of New York · 1924
  4. Livingston v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920
  5. Wiesenthal v. YoungAppellate Division of the Supreme Court of the State of New York · 1952

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