Legal Opinion

Morehouse v. . Woodruff

New York Court of Appeals

Decided July 11, 1916PublishedCited by 15 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 23, 1914, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The expenses in suit were assumed by the original plaintiffs, Macfarlane and Stebbins, in connection with their purchase of the power fee.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 23, 1914, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The expenses in suit were assumed by the original plaintiffs, Macfarlane and Stebbins, in connection with their purchase of the power fee. Pardee’s obligations under the leases were all assumed by the purchasers of his half of the fee. (Willard v. Tillman, 2 Hill, 274;…

1Opinion of the CourtSeabury, J.

This action is brought to enforce contribution from the. defendants for money expended for repairs made upon a canal wall and in keeping said canal in a fit condition for use. The plaintiffs are the owners of the bed and banks of the Varick canal and certain water privileges appurtenant thereto, subject to certain leasehold interests granted by them and their predecessors in title. The defendants are the assignees of the leasehold interests and the right to collect the rents arising thereunder. The rights of the lessees under these leases are in no way involved and the lessees are not parties…

2Cases cited13 opinions

  1. Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
  2. Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
  3. Miller v. . ClaryNew York Court of Appeals · 1913
  4. Van Rensselaer v. . HaysNew York Court of Appeals · 1859
  5. Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887

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3Cited by15 opinions

  1. Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
  2. Nicholson v. 300 Broadway Realty Corp.New York Court of Appeals · 1959
  3. Town of Pelham v. City of Mount VernonNew York Court of Appeals · 1952
  4. In Re 523 East Fifth Street Housing Preservation Development Fund Corp.United States Bankruptcy Court, S.D. New York · 1987
  5. 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941

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