City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court, in the first judicial department, entered February 6, 1920, affirming a judgment in favor of defendant entered upon a verdict directed by the court. Defendant’s covenant against incumbrances has been violated. (Matter of City of New York [39th Street Ferry], 76 Misc. Rep. 358; 150 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court, in the first judicial department, entered February 6, 1920, affirming a judgment in favor of defendant entered upon a verdict directed by the court. Defendant’s covenant against incumbrances has been violated. (Matter of City of New York [39th Street Ferry], 76 Misc. Rep. 358; 150 App. Div. 908; 206 N. Y. 655.) A corporartion may not voluntarily dissolve until ■ it has paid or adequately provided for the payment of its debts and obligations. An action lies against a corporation after the filing of a certificate of…
1Opinion of the CourtCardozo, J.
The defendant owned and operated a ferry between the boroughs of Manhattan and Brooklyn in the city of New York. By agreement, dated August 22, 1892, it gave to the Brooklyn City Railroad Company the use of a space, one hundred feet square, for a car stand and for switching purposes at its Brooklyn terminal. The grantee undertook to move and rebuild the ferry house to another part of the land, and carried out its undertaking at a cost of $83,545.38. The grantor reserved the right, upon notice of six months, and upon payment to the grantee of the cost of moving and rebuilding, to terminate the…
2Cases cited26 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Woolley v. . StewartNew York Court of Appeals · 1918
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Scriver v. . SmithNew York Court of Appeals · 1885
- McKinley v. . HessenNew York Court of Appeals · 1911
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3Cited by20 opinions
- Brooklyn Eastern Dist. Terminal v. City of New YorkCourt of Appeals for the Second Circuit · 1944
- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Olcott v. SouthworthSupreme Court of Vermont · 1949
- Town of Oyster Bay v. Occidental Chemical Corp.District Court, E.D. New York · 1997
- Rochester Poster Advertising Co. v. SmithersAppellate Division of the Supreme Court of the State of New York · 1928
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