Anderson v. . Lemon
New York Court of Appeals
This was an appeal ‘from the decision of the superior court of the tiity of New York, dismissing the bill filed by the appellant (Anderson) against Lemon, his former partner, praying for a partition, or a sale and division of the proceeds of certain real estate occupied by the parties as copartners under a lease, the fee of which had been purchased by the defendant in his own name, during ■ the existence of the copartnership; and that the defendant account for the subsequent…
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This was an appeal ‘from the decision of the superior court of the tiity of New York, dismissing the bill filed by the appellant (Anderson) against Lemon, his former partner, praying for a partition, or a sale and division of the proceeds of certain real estate occupied by the parties as copartners under a lease, the fee of which had been purchased by the defendant in his own name, during ■ the existence of the copartnership; and that the defendant account for the subsequent use of the property. The facts. sufficiently appear in the report of the decision in the court below, (4 Sanaf S. C,…
1Opinion of the CourtGardiner, J.
Matthews, (7 Ves. 185, Sumner's Ed.,) it is said, as a deduction from adjudged cases, that “ with a possible exception in favor of a bona fide purchaser, it seems to be an universal rule that no one who is in possession of a lease, or a particular interest in a lease, which lease is affected with any sort of equity in behalf of third persons, can renew the same for his own use only; but such renewal must be construed as a graft upon the old stock.” In Featherstonhaugh v. Fenwick, (17 Ves. 298,) it was held that a renewal obtained one month before the expiration of the lease by two of three…
2Cases cited1 opinion
- Brown v. LynchNew York Court of Chancery · 1828
3Cited by22 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Ryan v. . DoxNew York Court of Appeals · 1866
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Independent Coal & Coke Co. v. United StatesSupreme Court of the United States · 1927
- Perrin v. LepperMichigan Supreme Court · 1888
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