Sprague National Bank v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of March, 1897, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, the Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of March, 1897, denying the defendant’s motion for a new trial made upon the minutes. In 1888, the New York, Lake Erie and Western Railroad Company executed a lease of premises owned by it to Charles E. Brown and •R. S. Canfield for a term of ten years with an option for a further term of five…
1Opinion of the Court
Bradley, J.:
It is assumed that the covenant for quiet enjoyment in the lease made by the trustee of the New York, Lake Erie and Western Railroad Company to Brown and Canfield would have run with the land and be available against a grantee of the reversion, and that the plaintiff acquired all the rights taken by the lessees by virtue of the lease. The defendant, however, has not the relation of a grantee of the reversion. It derived its title from the sale on foreclosure of a mortgage made hv the New York. Lake Erie and Western Railipad^Company priorJ.0—the lease, and the purchaser on such…
2Cases cited9 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- M'Kirhcer v. HawleyNew York Supreme Court · 1819
- Schermerhorn v. BuellNew York Supreme Court · 1847
- Case v. ShepherdNew York Supreme Court · 1800
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Commonwealth Mortgage Co. v. De WaltoffAppellate Terms of the Supreme Court of New York · 1909
- Equitable Guarantee & Trust Co. v. HukillCourt of Chancery of Delaware · 1912
- United States v. HulingsDistrict Court, D. Kansas · 1980
- Wacht v. ErskineAppellate Terms of the Supreme Court of New York · 1908
1 more not listed; retrieve them via the Exa API.