Drucker v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supremé Court in the first judicial department, entered March 23,1914, affirming a judgment in favor of defendant, respondent, entered upon a decision of the court oh trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supremé Court in the first judicial department, entered March 23,1914, affirming a judgment in favor of defendant, respondent, entered upon a decision of the court oh trial at Special Term. On the 1st day of June, 1887, the plaintiff’s testator, the then owner, conveyed certain premises in the city of New York abutting on Division street to Justus H. Zimmerman by a deed containing the following clause: “The said Ephraim Drucker reserves for himself any and all claim and causes of action against all the world for any and all losses and…
1Opinion of the CourtMiller, J.
The learned justice at Special Term ruled on the authority of Pegram v. N. Y. Elevated R. R. Co. (147 N. Y. 135) and Western Union Telegraph Co. v. Shepard (169 N. Y. 170) that the plaintiff could not maintain the action, even though the defendant Davis was chargeable with notice of the reservation in the deed to her grantor. The Appellate Division went further and held on the authority of Maurer v. Friedman (197 N. Y. 248) and Miller v. Clary (210 N. Y. 127) that said defendant was not bound by said reservation. After determining precisely what the rights of the parties are, we shall be…
2Cases cited19 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Norman v. WellsNew York Supreme Court · 1837
- Miller v. . ClaryNew York Court of Appeals · 1913
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3Cited by6 opinions
- Roberts v. New York CitySupreme Court of the United States · 1935
- In re the City of New YorkNew York Supreme Court · 1926
- Phillips v. West Rockaway Land Co.Appellate Division of the Supreme Court of the State of New York · 1922
- In re the Application of City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
- Tripee v. Port of New York AuthorityNew York Court of Appeals · 1964
1 more not listed; retrieve them via the Exa API.