Scott v. . McMillan
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. The action was brought to recover one-half of the value of a party wall erected by the plaintiff upon premises in the city of New York.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. The action was brought to recover one-half of the value of a party wall erected by the plaintiff upon premises in the city of New York. The complaint states that the plaintiff was the owner of a certain lot of land, and John- McMillan in his life-time the owner of an adjoining lot. He died, leaving a widow, Margaret McMillan and two children, John and Elizabeth, who…
1Opinion of the CourtDanforth, J.
I think the judgment should be affirmed. I am unable to distinguish this case from Cole v. Hughes (54 N. Y., 444), where, upon an agreement similar to the one above referred to, it ivas held that the covenant to contribute for the construction of a party-wall did not run with the land and was not enforceable against a grantee of premises, whose former owner had entered into the covenant “ for himself his heirs or assigns.” The learned counsel for the appellant however claims that in deciding Cole v. Hughes the court overlooked the earlier case of Brown v. Pentz (1 Abb. Ct. App. Dec., 227),…
2Cases cited3 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Brown v. . McKeeNew York Court of Appeals · 1874
- Brown v. PentzNew York Court of Appeals · 1851
3Cited by21 opinions
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Bull v. . BurtonNew York Court of Appeals · 1919
- Parsons v. Baltimore B. & L. Asso.West Virginia Supreme Court · 1898
- Sebald v. . MulhollandNew York Court of Appeals · 1898
- Faught v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1952
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