Legal Opinion

Crooked Lake Navigation Co. v. Keuka Navigation Co.

New York Supreme Court

Decided June 15, 1885Published

MotioN by the defendant for a new trial, on exceptions ordered to be beard at the General Term in the first instance. Th'e action was in ejectment, to recover certain premises situated at the outlet of Crooked lake or Keuka lake (as it is now called), in the village of Penn Yan, and used for a steamboat landing and for dock purposes.

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MotioN by the defendant for a new trial, on exceptions ordered to be beard at the General Term in the first instance. Th'e action was in ejectment, to recover certain premises situated at the outlet of Crooked lake or Keuka lake (as it is now called), in the village of Penn Yan, and used for a steamboat landing and for dock purposes. It appears that the title was in one "Wegener, who leased them to one Conklin for a term of years ending on the 1st day of March, 1884. And the latter afterwards, in April, 1878, leased them to Farley Holmes for the term of five years from the first day of March…

1Opinion of the Court

Beadley, J.:

The plaintiff claims the right to the possession of the premises as lessee, for years, under the assignment to it of the Holmes lease,, which vests in the plaintiff that right unless its operation as a lease to Holmes has been in some manner defeated. The counsel for the defendant contends that plaintiff’s action is not supported because, first, Holmes, by reason of his relation to the Lake Keuka Steam Navigation Company at the time he took the lease and afterward, was disabled from taking and retaining any rights under it; that the beneficial interest was in that company and that…

2Cases cited12 opinions

  1. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  2. Hetzel v. . BarberNew York Court of Appeals · 1877
  3. Barnes v. . PerineNew York Court of Appeals · 1854
  4. Stoddard v. . WhitingNew York Court of Appeals · 1871
  5. Whiting v. . EdmundsNew York Court of Appeals · 1884

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