Nichols v. Eustis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John E. Eustis and another, from a judgment of the Supreme Court in favor of the plain-tiff, entered in the office of the clerk of the county of Kings on the 24th day of June, 1910, upon the verdict of a jury, and also from an order entered in said clerk?s office on the 27th day of June, 1910, denying the defendants’ motion for anew trial made upon the minutes.
1Opinion of the Court
Burr, J.:
The instrument executed on December 2, 1901, was in form a lease for a period of five years from the 2d day of December, 1901, of land situated in Pelham Bay Park, in the borough of the Bronx. It granted to plaintiff the use of the park land upon which “stand the premises owned by her.” In view of the evidence, which was not disputed, that at that time there were, buildings upon the park lands which were.her property, the word “ premises,” though somewhat inapt, may be construed as meaning buildings. The subject of the agreement was, therefore, land, and it is not disputed that…
2Cases cited4 opinions
- Iron Mountain & Helena Railroad v. JohnsonSupreme Court of the United States · 1887
- Wood v. . PhillipsNew York Court of Appeals · 1870
- New York Mail & Newspaper Transportation Co. v. SheaAppellate Division of the Supreme Court of the State of New York · 1898
- Becher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- McSherry v. HeimerSupreme Court of Minnesota · 1916
- Mannion v. Bayfield Development Co.New York Supreme Court · 1987
- Stock v. Fredamil Realty Corp.City of New York Municipal Court · 1941
- Boardwalk Stores Corp. v. MosesAppellate Division of the Supreme Court of the State of New York · 1945