Phelps v. Mayor of New York
New York Supreme Court
Appeal from special term, Yew York county. Action by Frank Phelps, plaintiff, against the mayor, aldermen, and commonalty of the city of Yew York, defendants. From a judgment for plaintiff, defendants appeal. Affirmed. For former reports, see 11 Y. Y. Supp. 657, and 13 Y. Y. Supp. 779.
1Dissent
Ingraham, J.,
(dissenting.) The liability of the city for the amount expended by the plaintiff in repairs to the pier leased by him depends upon the obligation binding the city, contained in the lease. It is settled that, if there is no such covenant in the lease, the defendants are not liable for the repairs made by plaintiff. Steam-Boat Co. v. Mayor, etc., 78 N. Y. 1. By the lease the parties of the first part (the defendants) agreed that they would, prior to the commencement of the term demised, or as soon after such commencement as should be found practicable, make such repairs to the…
2Cases cited1 opinion
- Hartford and N.Y. S'boat Co. v. . the MayorNew York Court of Appeals · 1879