Compton v. . "The Chelsea"
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made July 5, 1893, which reversed an order of Special Term granting a motion to vacate a judgment in favor of defendant entered upon a verdiet directed by the court and for a new trial under section 152» of the Code of Civil Procedure, and which denied said motion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made July 5, 1893, which reversed an order of Special Term granting a motion to vacate a judgment in favor of defendant entered upon a verdiet directed by the court and for a new trial under section 152» of the Code of Civil Procedure, and which denied said motion. The complaint in this action alleged that defendant was a corporation organized for the purchasing, acquiring and improving real estate for an apartment house; that it agreed with each subscriber to its capital stock that on payment thereof…
1Per curiam
In an action to recover real property, or the possession thereof, the plaintiff may demand in his complaint, and, in a proper case, recover damages for withholding the property. (Code, §§ 1496, 484, sub. 5). Under § 1669, if the plaintiff was disseized, and kept out of possession by force, he may have treble damages in an action therefor against the wrongdoer. Where the plaintiff has title, ejectment will lie for a forcible entry and detainer, and in such a case, treble damages may be demanded and recovered, if he establishes that the disseizin was actually effected vi et armis. It is true…
2Cited by14 opinions
- Lyke v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989
- Isaacs v. Washougal Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Town of Oyster Bay v. JacobAppellate Division of the Supreme Court of the State of New York · 1905
- Waterbury v. DeckelmannAppellate Division of the Supreme Court of the State of New York · 1900
- Schick v. WolfAppellate Division of the Supreme Court of the State of New York · 1924
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