De Forest v. Byrne
New York Court of Common Pleas
Appeal by defendant from a judgment of tbe third district court. This was an action to recover for money paid by tbe plaintiff to tbe use of tbe defendant, under tbe following circumstances: Tba plaintiff leased certain premises in West street, New York city, to one J. F. Bridges, for the term of five years; tbe lease reciting that they were “ now occupied by said Bridges as a lumber yard and to be occupied as a lumber yard.”
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Appeal by defendant from a judgment of tbe third district court. This was an action to recover for money paid by tbe plaintiff to tbe use of tbe defendant, under tbe following circumstances: Tba plaintiff leased certain premises in West street, New York city, to one J. F. Bridges, for the term of five years; tbe lease reciting that they were “ now occupied by said Bridges as a lumber yard and to be occupied as a lumber yard.” This lease was afterwards assigned by Bridges to the defendant, wbo ceased to use the property as a lumber yard and erected five buildings thereupon. In consequence of.…
1Opinion of the Court
Daly, J. —
The premises were demised to Bridges to be occupied as a lumber yard, and the defendant, as the assignee of Bridges, saw fit to devote them to another use, in consequence of which, they became subject to the payment of a certain water tax. This tax was a lien upon the land, and to discharge the lien the plaintiff paid the tax, after it had been demanded of the defendant and he had refused to pay it. I think there can be no doubt of the plaintiff’s right to recover it from the defendant.
By the terms of the demise, the plaintiff agreed to let and the tenant to take, the premises, to…
2Cases cited1 opinion
- Kinney v. WattsNew York Supreme Court · 1835
3Cited by8 opinions
- Kraft v. WelchSupreme Court of Iowa · 1901
- Moore v. Guardian Trust Co.Supreme Court of Missouri · 1903
- Spalding Hotel Co. v. EmersonSupreme Court of Minnesota · 1897
- Gillian v. NortonThe Superior Court of New York City · 1867
- Schmidt v. Louis, Inc.New York Supreme Court · 1924
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