Root v. Long Island Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made the day of July, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The agreement for a. rebate is void as against public policy.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made the day of July, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The agreement for a. rebate is void as against public policy. (In re N. F. & W. R. R. Co., 108 N. Y. 315; People v. N. Y. C. R. R. Co., 28 Hun, 545; Keeney v. G. T. R. R. Co., 47 N. Y. 525; Tierney v. N. Y. C. & H. R. R. R. Co., 76 id. 305; Atwater v. D., L. & W. R. R. Co., 48 N. J. L.…
1Opinion of the CourtHaight, J.
In June, 1876, the defendant and one Quintard ■entered into a written contract which, among other things, provided that'Quintard should build at Long Island City upon the lands of the defendant a dock two hundred and fifty feet long .and forty feet wide, and erect thereon a pocket for holding and storing coal according to certain plans and specifications .annexed. The defendant was to have the use of the south side *303of the dock, and also of thirty feet of the shore end, and the right to use the other portions thereof when not required by Quintard. In consideration therefor the defendant agreed…
2Cases cited3 opinions
- Chicago & Alton Railroad v. People ex rel. KoernerIllinois Supreme Court · 1873
- New England Express Co. v. Maine Central RailroadSupreme Judicial Court of Maine · 1869
- Killmer v. New York Central & Hudson River RailroadNew York Court of Appeals · 1885
3Cited by2 opinions
- Kidder v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904