Stillman v. . Van Beuren
New York Court of Appeals
Appeal by defendant, Mary S. Van Beuren, from a judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made February 5, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal by defendant, Mary S. Van Beuren, from a judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made February 5, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 17 J. & S. 86.) This action was commenced in June, 1879, for the foreclosure of a mortgage given by the defendant, Christian F„ Dickel, to Edward Dickel, bearing date the 1st day of October, 1872, to secure the payment of $12,000 with interest, on the 1st day of October, 1874, and assigned to the…
1Opinion of the CourtDanforth, J.
Between Mrs. Van Beuren, the original lessor, and the city of New York, the under-tenant of Christian F. Dickel, there was neither privity of estate nor privity of contract, and it was upon this principle that both courts decided against her. We find no error in their conclusion. Except for the agreement of March 21, 1877, Mrs. Van Beuren would have been entitled to no portion of the money becoming due under the lease from Dickel to the city of New York, and the appeal challenges only that portion of the judgment which in effect determines that she must abide by its conditions. The learned…
2Cited by4 opinions
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- Ginsburg v. Sherlock Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Sandford v. Ambassador Restaurant Co.City of New York Municipal Court · 1931
- Assembly, Inc. v. GillerCity of New York Municipal Court · 1929