Hartford and N.Y. S'boat Co. v. . the Mayor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon an order sustaining a demurrer to plaintiff’s complaint herein.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment entered upon an order sustaining a demurrer to plaintiff’s complaint herein. (Reported below, 12 Hun, 550.) The complaint avers that the plaintiff is a corporation owning and operating a line of steamboats running between New York and Hartford; that on the 25th day of April, 1865, the defendant being the owner of -pier twenty-four on the East river, and being bound by its charter and by the laivs to maintain it for the use of the public, made an agreement with the plaintiff,…
1Opinion of the CourtRaparlo, J.
The plaintiff seeks in this action to recover the expense of rebuilding a pier occupied by the plaintiff under an agreement with the city. The case comes up on appeal from a judgment for the defendant on demurrer to the complaint.
We think it very clear that there was nothing in the agreement or lease set out in the complaint, which bound the city to repair or rebuild the pier. So far from there being any covenant to that effect, the agreement provided that the plaintiff should keep the pier in good condition and safe and proper repair, also that all alterations, improvements and repairs, of…
2Cases cited2 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Wilson v. . DeenNew York Court of Appeals · 1878
3Cited by6 opinions
- Calvin v. MartinOhio Court of Appeals · 1952
- Phelps v. Mayor of New YorkNew York Supreme Court · 1891
- Smith v. KillamNew York Supreme Court · 1888
- Smith v. SmullAppellate Division of the Supreme Court of the State of New York · 1902
- Smith v. SmullAppellate Division of the Supreme Court of the State of New York · 1902
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