Waterbury v. Deckelmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Holly D. Waterbury, as president of Knights of Honor Wheelmen, an unincorporated association, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, fourth district, in favor of the defendant, rendered on the 26th day of January, 1900, dismissing the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Willard Bartlett, J.:
This action was brought to recover treble damages, under section 1669 of the Code of Civil Procedure, for having been put out of real property in a forcible manner.
The complaint alleges that on or about the 6th day of November, 1899, the Knights of Honor Wheelman, an unincorporated association, of which the plaintiff is president, was in actual possession and use of the real property known as the Palm Garden, in the twenty-eighth ward of the borough of Brooklyn, “ and was entitled to such possession and use and the peaceable and quiet occupancy and enjoyment thereof,…
2Cases cited3 opinions
- Compton v. . "The Chelsea"New York Court of Appeals · 1893
- People ex rel. Cooper v. FieldNew York Supreme Court · 1865
- Schneider v. LeitzmanNew York Supreme Court · 1890
3Cited by8 opinions
- Fults v. . MunroNew York Court of Appeals · 1911
- Becher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Gulish v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1923
- Becher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Bierman v. WersteinAppellate Terms of the Supreme Court of New York · 1911
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