Legal Opinion

Schoellkopf v. Coatsworth

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1900PublishedCited by 6 opinions

Appeal by the plaintiffs, Louis Schoellkopf and another, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 21st day of Hay, 1900, upon the decision of the court rendered after a trial at the Erie Special Term sustaining the defendants’ demurrer to the plaintiffs’ complaint.

1Opinion of the Court

Adams, P. J.:

On the 1st day of April, 1847, Caleb Coatsworth and wife and John Coatsworth and wife, who were then the owners-of certain premises situate in the city of Buffalo, “ demised, let and leased ” *332the same to one Thomas J. Dudley and “ to his executors, administrators and assigns,” by a written lease under seal,-for the term of fifteen years, the rent reserved ranging from $50 per annum for the first year to $700 per annum for the last five years.

Among other conditions contained in this léase was one which required the tenant, within three years after its date, to erect upon the…

2Cases cited4 opinions

  1. Greason v. . KeteltasNew York Court of Appeals · 1858
  2. Matter of CoatsworthNew York Court of Appeals · 1899
  3. Carr v. EllisonNew York Supreme Court · 1838
  4. Wood v. . SheehanNew York Court of Appeals · 1877

3Cited by6 opinions

  1. Reltron Corp. v. Voxakis Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Jacobs v. Monaton Realty Investment Corp.New York Court of Appeals · 1914
  3. In re Brooklyn Trust Co.New York Supreme Court · 1936
  4. Taishoff v. ElkemaAppellate Division of the Supreme Court of the State of New York · 1916
  5. Gutner v. Success Magazine Corp.New York Supreme Court · 1928

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