Gillilan v. Spratt
New York Court of Common Pleas
Appeal by the plaintiff from a judgment at trial term. The action was brought to recover the sum of §900, being rent of premises Ho. 100 Liberty street, for the months of April, May, and June, 1868. By an indenture of lease between the parties, dated March 6,1867, the premises in question were demised to the defendant by the plaintiff, for the term of one year, from May 1, 1867, at the yearly rent of $3,600, payable monthly on the first day of each succeeding month.
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Appeal by the plaintiff from a judgment at trial term. The action was brought to recover the sum of §900, being rent of premises Ho. 100 Liberty street, for the months of April, May, and June, 1868. By an indenture of lease between the parties, dated March 6,1867, the premises in question were demised to the defendant by the plaintiff, for the term of one year, from May 1, 1867, at the yearly rent of $3,600, payable monthly on the first day of each succeeding month. The lease, among others, contained the following covenant, to wit: that in case the building was required to be removed, in…
1Opinion of the CourtLarremore, J.
It was held by the general term of this court, in December, 1869, in Detmold v. Drake et al. (a case similar to the one at bar), that until the opening of the street, the land appropriated therefor by the public authorities cannot be employed by them for any other purpose than that contemplated and established by the report of the commissioners. In the meantime, from the date of the confirmation of said report until such opening is actually commenced, the owner of “the building (unless required to remove it) can retain possession of it, and is entitled to all the benefits of such possession.
Th…
2Cases cited2 opinions
- White v. . CoatsworthNew York Court of Appeals · 1852
- Hess v. BeekmanNew York Supreme Court · 1814
3Cited by2 opinions
- Blowers v. Malone, New York County Courts1912
- Ussiker v. MahoneyNew York Supreme Court · 1910