Lewis v. Ocean Navigation & Pier Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the second judicial department, made February 12,. 1889, which set aside an order nonsuiting plaintiff and granted a new trial, the exceptions having been ordered to be heard in first instance at General Term. The nature of the action and the facts, so far as material,, are stated in the opinion. There was no conversion by the defendant of the property in suit.
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Appeal from order of the General Term of the Supreme-Court in the second judicial department, made February 12,. 1889, which set aside an order nonsuiting plaintiff and granted a new trial, the exceptions having been ordered to be heard in first instance at General Term. The nature of the action and the facts, so far as material,, are stated in the opinion. There was no conversion by the defendant of the property in suit. (Jackson v. Allen, 3 Cow. 220; Bleecker v. Smith, 13 Wend. 531, 534; Hunter v. Osterhoudt, 11 Barb. 33.) Irrespective of the foregoing point, upon the failure of the…
1Opinion of the CourtPeckham, J.
The defendant being the owner of some land near the old iron pier at Ooney island, leased the same to the plaintiff and one Tnthill the latter of whom subsequently assigned all his rights tfhder the lease to the plaintiff.
The lease was dated April 12, 1884, and was for, the term of two consecutive seasons, commencing on the above-named date, and to terminate with the close of the season of 1885, unless sooner determined for violation of the terms of the lease.
The lessees' agreed in the lease to erect upon the premises thus leased a building which was to be strictly in accordance with plans to…
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