Hendricks v. Stark
New York Court of Appeals
Appeal from the general term of the 'Supreme Court, in the first district, where a judgment rendered in favor of the plaintiffs, in a case tried before the court, without a jury, had’been affirmed.
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Appeal from the general term of the 'Supreme Court, in the first district, where a judgment rendered in favor of the plaintiffs, in a case tried before the court, without a jury, had’been affirmed. This was an equitable action by Montague M. Hendricks and others, executors of Henry Hendricks, deceased, against Philip Stark, for the specific performance of a contract to purchase the premises, known as the Collins House, in the city of New York, for the sum of $96,000. The defence was that two of the walls of the building were party-walls. The case was tried before Barnard, J., without a jury,…
1Opinion of the CourtPorter, J.
Upon the facts found by the judge, the plaintiffs are clearly entitled to the relief demanded in the complaint and awarded in the court below. As trustees under the testator’s will, they were the proprietors of the premises known as the “ Collins’ Hotel.” These premises extended, in fact as well as in law, to the central lines of the respective party-walls, which substantially corresponded with the specified dimensions of the lot, and with its eastern and southern boundaries. (Eno v. Del Vecchio, 4 Duer 61; Sherred v. * Cisco, 1 Sandf. 480; Thompson v. Somerville, 16 Barb. 473; Partridge v.…
2Cases cited3 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Winne v. ReynoldsNew York Court of Chancery · 1837
- Thompson v. SomervilleNew York Supreme Court · 1853
3Cited by2 opinions
- Sebald v. MulhollandThe Superior Court of the City of New York and Buffalo · 1893
- Sasserath v. MetzgarThe Superior Court of the City of New York and Buffalo · 1893