Lembeck & Betz Eagle Brewing Co. v. Rosenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the- plaintiff, Lembeck & Betz Eagle Brewing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 3d day of February, 1914, upon the decision of the court after a trial at the Kings County Special Term. The judgment directed plaintiff specifically to perform certain agreements. Judgment affirmed, with costs, on the opinion of Mr. Justice Kapper at Special Term.
1Opinion of the Court
Jerks, P. J., Thomas, Carr, Rich and Pütkam, JJ., concurred.
The following is the opinion of the court below:
Kapper, J.:
Tn three patents, two granted by Governor Andros, dated, respectively, December 1, 1680, and December 2, 1680, and the third by Governor Dongan, dated March 17, 1685, of lands in *565Richmond county, within one of which the premises are situated, and the title to which the plaintiff as vendee under a contract of sale objects, the clause appears in each patent, after describing the areas granted, substantially as follows: “there being eight rodd in breadth by the waterside left…
2Cases cited2 opinions
- Blackman v. . RileyNew York Court of Appeals · 1893
- Bradley v. . CraneNew York Court of Appeals · 1911
3Cited by4 opinions
- Allen v. Trustees of Great Neck Free ChurchAppellate Division of the Supreme Court of the State of New York · 1934
- Las-Daub Realty Corp. v. FainAppellate Division of the Supreme Court of the State of New York · 1925
- Schlanger v. SchulmanAppellate Division of the Supreme Court of the State of New York · 1925
- Stoutenburg v. StoutenburgNew York Supreme Court · 1941