Mayor, Etc., of New York v. . Sonneborn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts are sufficiently stated in the opinion. As the wharfage franchise was not offered for sale at public auction to the highest bidder, the lease is illegal and void, and unenforceable in a court of law. (Laws 1870, chap. 137, § 99; Laws 1871, chap. 574; Laws 1873, chap. 335, § 88; Laws 1882, chap. 410, § 716.) A…
1Opinion of the CourtDanforth, J.
On the 21st of April, 1873, the defendant took a lease from the plaintiff, through the commissioners of the department of docks, of a certain pier in the city of Hew York for the term of five years from the 1st of May, 1873, and agreed to pay therefor the annual rent of $5,000 in equal quarterly payments, the first payment to be made August 1, 1873. He took and retained possession of the premises, but failed to pay the rent due August 1, 1874, November 1,1874, and February 1, 1875, and this action was brought for its recovery.
The defendant answered, denying none of the material allegations of…
2Cases cited1 opinion
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
3Cited by29 opinions
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- City of St. Louis v. DavidsonSupreme Court of Missouri · 1890
- Brauer v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1980
- City of Colorado Springs v. Kitty Hawk Development Co.Supreme Court of Colorado · 1964
- Industrial Commission v. Arizona Power Co.Arizona Supreme Court · 1931
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