National Wall Paper Co. v. . Sire
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department and the judgment entered thereon February 28, 1899, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department and the judgment entered thereon February 28, 1899, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The provisions of the lease from Sire to Stranahan are such that the law will imply a consent on the part of Sire to the improvements in question. (Burkitt v. Harper, 14 Hun, 581; 79 N. Y. 273; Otis v. Dodd, 90 N. Y. 336; Mosher…
1Opinion of the CourtO’Brien, J.
This was an action to foreclose a mechanic’s lien filed by the plaintiff on the hotel premises known as the Stuart House, situated on the northeast corner of Forty-first street and Broadway, in the city of New York, of which the defendant was the owner. On the 17th of December, 1895, the defendant, by a written lease, demised these premises to a tenant for the term of ten years from that date. The rent reserved was thirty-two thousand dollars for the first year, which was to be increased at the rate of one thousand dollars per year for each of the four years following, and for the remaining…
2Cases cited8 opinions
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Burkitt v. . HarperNew York Court of Appeals · 1879
- Otis v. . DoddNew York Court of Appeals · 1882
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Spruck v. . McRobertsNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Rice v. . CulverNew York Court of Appeals · 1902
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Church E. Gates & Co. v. National Fair & Exposition Ass'nNew York Court of Appeals · 1919
- Jones v. . MenkeNew York Court of Appeals · 1901
- Harner v. SchecterAppellate Division of the Supreme Court of the State of New York · 1984
46 more not listed; retrieve them via the Exa API.