Greenwood Lake & Port Jervis Railroad v. New York & Greenwood Lake Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court oh trial at Circuit without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court oh trial at Circuit without a jury. This was an action to recover damages for a series of trespasses alleged to have been committed by the defendant upon part of a strip of land 3,920 long and seventy-five feet wide, known as a part of the Storms tract, situate in Orange county, on the west side of Greenwood lake. Prior to March 11, 1811, the Storms tract belonged to…
1Opinion of the CourtVann, J.
The only evidence tending to show that either
Myers or Thorpe was a “ trustee ” was the addition of that word to their names, respectively, in designating them as the respective grantees in the conveyances of March 17 and December 22, 1877. As there was no declaration of trust and no deed to either, “ as trustee,” the addition to the name of the party of the second part, in the absence of other evidence, might be regarded as merely descriptio personæ. (Towar v. Hale, 46 Barb. 34; People v. Board of Stock Brokers, 49 Hun, 349; affirmed 112 N. Y. 670.) But if either was a. trustee, the…
2Cases cited12 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Hills v. MillerNew York Court of Chancery · 1831
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Nellis v. . MunsonNew York Court of Appeals · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- City of Owensboro v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1913
- Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
- City of New York v. Pennsylvania RailroadNew York Court of Appeals · 1975
- Miller v. City of New YorkNew York Court of Appeals · 1964
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
29 more not listed; retrieve them via the Exa API.