People's Bank v. . Mitchell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover the value of certain buildings erected by plaintiff’s assignor upon premises leased by him of defendant’s grantor.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover the value of certain buildings erected by plaintiff’s assignor upon premises leased by him of defendant’s grantor. The referee found substantially the following facts: In February, 1855, a lease of certain premises in Hew York city was executed by D. Lynch Lawrence as lessor, and H. H. Winans as lessee, for the term of twelve years from the first of May following, at the yearly rent…
1Opinion of the CourtMiller, J.
The provisions of the lease which constitute the basis of this action secured to the lessee, on conditions. therein expressed, a further term, or the payment of the just- and fair value, to be ascertained by appraisers to be nominated by the parties, of any building which might be built and constructed by the lessee, and which might be standing on the premises. To enforce a covenant of this character the plaintiff should establish that he has a right to recover the value of the building erected by him ; and as preliminary to sustaining such a right was bound to fulfill all the covenants, and…
2Cases cited8 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Wells v. SmithNew York Court of Chancery · 1837
- Brown v. . WeberNew York Court of Appeals · 1868
- Arnold v. . AngellNew York Court of Appeals · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Fidelity & Columbia Trust Co. v. LevinNew York Supreme Court · 1927
- Whitcomb v. BrantSupreme Court of New Jersey · 1917
- Hal Roach Studios, Inc. v. Film Classics, Inc.Court of Appeals for the Second Circuit · 1946
22 more not listed; retrieve them via the Exa API.