Mutual Life Ins. Co. v. . Stephens
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 30, 1914, which affirmed an order of Special Term granting a motion by plaintiff for judgment on the pleadings. The action is brought to compel specific performance of a provision of a lease for the appraisal of the leased premises.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 30, 1914, which affirmed an order of Special Term granting a motion by plaintiff for judgment on the pleadings. The action is brought to compel specific performance of a provision of a lease for the appraisal of the leased premises. On the 28th of February, 1896, Anson P. Stephens, the life tenant, and all persons having any interest in the. remainder, vested or contingent, executed a lease of 71 William street to Helen L. Phelps Stokes for a term of forty…
1Opinion of the CourtMiller, J.
We shall assume for the purposes of this appeal that the statute (Insurance Law, section 20) does not authorize the plaintiff to acquire and hold the said real property. It now has an estate for years in the property and the question arises whether a court of equity will aid it to acquire the fee. If the agreement were wholly executory the answer to that question would not be doubtful. (Chamberlain v. Chamberlain, 43 N.Y. 424; Matter of McGraw, 111 N. Y. 66; Case v. Kelly, 133 U. S. 21.) But it has been so far executed that it is impossible to restore the parties to their original situation.…
2Cases cited16 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- In Re the Estate of McGrawNew York Court of Appeals · 1888
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3Cited by39 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Matter of FletcherNew York Court of Appeals · 1924
- Stern Co. v. FriedmanMichigan Supreme Court · 1925
- Moody v. CraneIdaho Supreme Court · 1921
- Electric Management & Engineering Corp. v. United Power & Light Corp.Court of Appeals for the Eighth Circuit · 1927
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