Kerr v. Merchant's Exchange Co.
New York Court of Chancery
Hearing on bill and answer. The Merchant’s Exchange Company were incorporated by the legislature of the state of New-York, for the purpose of building an exchange in the city of New-York.
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Hearing on bill and answer. The Merchant’s Exchange Company were incorporated by the legislature of the state of New-York, for the purpose of building an exchange in the city of New-York. Before this building was completed, they leased to one of thecomplainants, Anthony Kerr, certain rooms in it; and afterwards leased the same rooms and, at different times and by different leases, other rooms to both the complainants, who occupied them and carried on the business of an eating-house. Five different leases were granted to the complainants, under which they (and their under-tenant of three…
1Opinion of the Court
The Vice-Chancellor :
In deciding this case, I am content to follow the doctrine of the supreme court of Ohio, in Winton v. Cornish, 5 Ohio Rep. 303. In that case, there had been a lease of a cellar and a room over it in the corner of a building several stories high, which was destroyed by fire.
After the destruction, the lessee erected a small building on the site of the cellar and room, and of a height corresponding *322with the height of the room which he had previously occupied ; and the lessor brought an action of ejectment to dispossess him, insisting that the lessee took no interest in the…
2Cited by9 opinions
- Smith v. . Rector, Etc., of St. Philip's ChurchNew York Court of Appeals · 1888
- Waite v. O'NeilCourt of Appeals for the Sixth Circuit · 1896
- Chamberlain v. Godfrey's AdministratorSupreme Court of Alabama · 1874
- Smith v. McLeanAppellate Court of Illinois · 1887
- Pearce v. GoldenNew York Supreme Court · 1850
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