Legal Opinion · Dissent

Humpfner v. Beers

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 1916Published

Appeal by the defendants, Lucius H. Beers and another, individually and as trustees, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of May, 1915, upon the decision of the court after a trial at the New York Special Term.

1Dissent

Page, J. (dissenting):

I cannot concur in the opinion of the court. The premises in question are a portion of a tract formerly belonging to Peter Gerard Stuyvesant and by him conveyed to Eobert E. Stuyvesant and passed to the defendants as trustees by virtue of Eobert E. Stuyvesant’s will, probated April 6, 1906. The lots in question have been leased by the Stuyvesants since 1854 for periods of twenty-one years by virtue of the provision in the leases that at the option of the lessors it should be renewed for a further term of twenty-one years at such annual rent as should be agreed upon by…

2Cases cited6 opinions

  1. Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
  2. Gomez v. . GomezNew York Court of Appeals · 1895
  3. Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
  4. Pentland v. KeepWisconsin Supreme Court · 1877
  5. Doyle v. Hamilton Fish Co.Appellate Division of the Supreme Court of the State of New York · 1911

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