Eastman v. Mayor of New York
New York Court of Appeals
Cross-appeals from a judgment of the General Term of the Superior Court of the city of Mew York, entered July 19, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover damages against the defendant for its failure to deliver to the plaintiff possession of a bulkhead and wharf rights on the East river, under a lease. The facts, so far as material, are stated in the opinion.
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Cross-appeals from a judgment of the General Term of the Superior Court of the city of Mew York, entered July 19, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover damages against the defendant for its failure to deliver to the plaintiff possession of a bulkhead and wharf rights on the East river, under a lease. The facts, so far as material, are stated in the opinion. The plaintiff clearly proved a cause of action for breach of contract. (Trull v. Granger, 8 N. Y. 115; Mack v. Patchin, 42 N. Y. 167; Dodds v.…
1Opinion of the Court
Andrews, Ch. J.
The main question m this case is as to the rule of damages to be applied for the withholding by the lessor from the lessee of the possession of the bulkhead and wharf rights at the foot of East Seventieth street, East river, under the lease of April 28th, 1887. The lease was executed pursuant to a sale by the dock department, at public auction, for the term of three years from May 1st, 1887, of the wharf-age and cranage which should arise, accrue and become due during said term, for the use and occupation of the wharf property in question, together with the right to collect the…
2Cases cited3 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Trull v. . GrangerNew York Court of Appeals · 1853
3Cited by6 opinions
- Deluise v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Deluise v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- In re City of New YorkNew York Supreme Court · 1903
- Brown v. MorrillAppellate Terms of the Supreme Court of New York · 1907
- McFadden v. Thompson-Starrett Co.Appellate Division of the Supreme Court of the State of New York · 1906
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