Frank v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Cross appeals from a judgment of the General Term of tly3 Supreme Court in the fifth judicial department, entered upon an order made at the March term, 1887, which modified a judgment entered upon the decision of the court on trial at Special Term. Action to foreclose a trust deed in the nature of a mortgage executed by a railroad company to secure the payment of its bonds.
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Cross appeals from a judgment of the General Term of tly3 Supreme Court in the fifth judicial department, entered upon an order made at the March term, 1887, which modified a judgment entered upon the decision of the court on trial at Special Term. Action to foreclose a trust deed in the nature of a mortgage executed by a railroad company to secure the payment of its bonds. Certain railroad corporations, organized severally under the names of the Erie and Genesee Valley Railroad Company, the Erie Railway Company and the ¡New York, Lake Erie and Western Eailroad Company, are herein referred to…
1Opinion of the CourtVann, J.
By the agrément entered into Hovember 1,1871, between the Genesee Valley Company and Lauren C. Wood-ruff, a leasehold estate was carved out of the fee belonging to the former and the consideration agreed to be paid therefor by the latter was the rent reserved, although in an unusual form. (Woodruff v. Erie Railway Co., 93 N. Y. 609, 615; People v. O'Brien, 111 id. 1.) As the lease from Woodruff to the Erie Company embraced all that he had acquired from his lessor, it operated as an assignment in fact, although not such in form, of the entire term granted by the original lease. (Stewart v.…
2Cases cited17 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Bedford v. . TerhuneNew York Court of Appeals · 1864
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Abbott v. BOB'S U-DRIVEOregon Supreme Court · 1960
- Dickinson Co. v. FitterlingSupreme Court of Minnesota · 1897
- Carrier v. United Paper Co.New York Supreme Court · 1893
- Tel-Hotel Corp. v. Lexnott Corp.New York Supreme Court · 1953
11 more not listed; retrieve them via the Exa API.