Trustees of Union College v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 27, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action is in ejectment, to recover the possession of certain described premises in Long Island City, county of Queens.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 27, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action is in ejectment, to recover the possession of certain described premises in Long Island City, county of Queens. The complaint alleged that a condition, upon which their conveyance had been made, had been broken, that the plaintiff was entitled to their possession, and that the defendant was in possession of the premises, or claimed to be…
1Opinion of the CourtGray, J.
The opinion delivered at the Appellate Division by Mr. Justice Jexics very ably and accurately reviews the legal questions presented and abridges the discussion here. Whether a condition in a deed is a condition precedent, or a condition subsequent, depends upon a construction of the language used by the grantor, in connection with the purpose of the grant. In this ease I think there is no room for doubt as to the nature of the condition, upon which the grantee took an estate in the premises conveyed. (Stuyvesant v. Mayor etc., of N. Y., 11 Paige, 414; Upington v. Corrigan, 151 N. Y. 143.)…
2Cases cited5 opinions
- Upington v. . CorriganNew York Court of Appeals · 1896
- Plumb v. . TubbsNew York Court of Appeals · 1869
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
- Clason v. . BaldwinNew York Court of Appeals · 1891
- Palmer v. . Fort Plain and Cooperstown Plank Road Co.New York Court of Appeals · 1854
3Cited by33 opinions
- City of Barnesville v. StaffordSupreme Court of Georgia · 1926
- Siwek v. MahoneyNew York Court of Appeals · 1976
- Allen v. Trustees of Great Neck Free ChurchAppellate Division of the Supreme Court of the State of New York · 1934
- City of New York v. Coney Island Fire Department of GravesendAppellate Division of the Supreme Court of the State of New York · 1940
- Stonegate Family Holdings, Inc. v. Revolutionary Trails, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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