Bleakley v. . Sullivan
New York Court of Appeals
Appeal from judgment of the General Term of the • Supreme Court in the second judicial department, entered upon an order made December 14, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to procure an injunction restraining defendants from removing bricks from a brick yard belonging to plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the • Supreme Court in the second judicial department, entered upon an order made December 14, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to procure an injunction restraining defendants from removing bricks from a brick yard belonging to plaintiff. The facts, so far as material, are stated in the opinion. The only question presented to the court for its decision is whether or not the plaintiff, on February 7, 1891, had a valid and subsisting lien upon…
1Opinion of the CourtMaynard, J.
The defendants McGuire and Griswold leased ■of the plaintiff a brickyard, with the privilege of taking clay :and tempering sand for the manufacture of brick from adjoin ing lands, for the period of five years, at a rent of fifty cents per thousand for all brick manufactured in any year, not less than three and one-half millions, payable quarterly. The lease provided that after the first quarter’s rent became due, the lessees should keep upon the yard brick sufficient to pay one-quarter’s rent, and if the rent was not paid the plaintiff might either re-enter and take possession of the yard, or…
2Cases cited2 opinions
- Andrew v. . NewcombNew York Court of Appeals · 1865
- Hong Kong & Shanghai Banking Corp. v. CooperNew York Court of Appeals · 1889
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- Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
- Hine v. New York Elevated RailroadNew York Court of Appeals · 1896
- Farmers Banking & Trust Co. v. Tarboro Leaf Tobacco Co.Supreme Court of North Carolina · 1924
- In re Potee Brick Co.District Court, D. Maryland · 1910
- Hallenbeck v. SmithAppellate Division of the Supreme Court of the State of New York · 1900