Borrowe v. Milbank
The Superior Court of New York City
Appeal from an order overruling a demurrer to the plaintiff’s complaint. This action was brought by Jacob H. Borrowe and Jane, his wife, against Mary W. Milbank.
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Appeal from an order overruling a demurrer to the plaintiff’s complaint. This action was brought by Jacob H. Borrowe and Jane, his wife, against Mary W. Milbank. The complaint averred the following facts:— The plaintiffs, in right of the wife, were seized in fee of lot number 738 on map of the Eutgers estate, on the northerly side of Madison-street, subject to a lease, dated May 20,1835, by the executors, &c., of Henry Eutgers, deceased, to Calvin Condit, for twenty years from May 1, 1835, at an annual rent of $110, expiring on May 1, 1855, which lease, by mesne assignments, had become vested…
1Opinion of the Court
Oakley, Ch. J.,
announced, orally, the decision of the court,* and stated the substance of the grounds of its judgment, in conformity with the reasons assigned in an opinion which had been prepared by Mr. Justice Bosworth, to which counsel were referred, as presenting more fully the views and conclusions of the court.
Bosworth, J.
If the allegations of the complaint make a case, establishing the fact that the umpire applied a rule of valuation different from that which the terms of his authority prescribed, his award should be set aside.
To value the property by a different rule from that which…
2Cases cited1 opinion
- In re the award between Williams & GoodrichNew York Supreme Court · 1847
3Cited by2 opinions
- In re AnonymousNew York City Family Court · 1962
- Ryder v. JennyThe Superior Court of New York City · 1864