Davis v. . Morris
New York Court of Appeals
Prior to eighteen hundred and fifty-two, Nicholas Dean had been duly appointed by the Court of Chancery receiver of the rents and profits of lot 212 Broadway, in the city of New York. In that year an order was duly made by the Supreme Court, empowering and directing said receiver to lease the same for twenty-one years to the highest bidder, subject to be sooner terminated upon certain contingencies not material in the present action.
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Prior to eighteen hundred and fifty-two, Nicholas Dean had been duly appointed by the Court of Chancery receiver of the rents and profits of lot 212 Broadway, in the city of New York. In that year an order was duly made by the Supreme Court, empowering and directing said receiver to lease the same for twenty-one years to the highest bidder, subject to be sooner terminated upon certain contingencies not material in the present action. The lease was to hind the lessee to erect upon the lot a building, costing not less than ten thousand dollars, which was to be left upon the lot at the…
1Opinion of the CourtGrover, J.
This action was brought by the Plaintiff, as receiver, to recover rent due upon a lease of lot 212 Broadway, in the city of Hew York, given by the Plaintiff’s predecessor, as receiver, to Hudson, one of the Defendants.
The Plaintiff claimed to recover against the Defendant Morris upon equitable grounds, and therefore brought the case to trial at a Special Term, when the Defendants insisted that the cause should be tried by a jury.
This was- denied by the Court, and the cause tried without a jury. The Defendants’ counsel now insists that this was a waiver by the Plaintiff of any right of…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848
- Deveau v. FowlerNew York Court of Chancery · 1831
3Cited by39 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- Hudson v. . CarylNew York Court of Appeals · 1871
- Towle v. . RemsenNew York Court of Appeals · 1877
- Chessman v. HaleMontana Supreme Court · 1905
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