Sebald v. . Mulholland
New York Court of Appeals
Appeal from so much of a judgment of the G-eneral Term of the late Superior Court of the city of ¡New York, entered January 10, 1895, as affirmed a judgment entered upon a decision of the court on trial at Special Term dismissing plaintiff’s complaint on the merits.
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Appeal from so much of a judgment of the G-eneral Term of the late Superior Court of the city of ¡New York, entered January 10, 1895, as affirmed a judgment entered upon a decision of the court on trial at Special Term dismissing plaintiff’s complaint on the merits. On November 17, 1871, Robert Auld was the owner of an unimproved lot on West Forty-sixth street in the city of New York, known as lot NTo. 417. At the same time Philip C. Agnew was the owner of an adjacent lot, known as lot No. 415, which was also unimproved. Auld contemplated building upon his lot two feet back from the street…
1Opinion of the CourtMartin, J.
So far as the appeal in this ease involves the dismissal of the plaintiff’s second cause of action, it is obvious that the decision of the Special Term was correct and the General Term properly affirmed it. Indeed, the propriety of the decision, so far as it relates to that question, is so manifest that we deem any discussion of it wholly unnecessary.
The only remaining question arises under the contention of the appellant that the agreement by Agnew to pay a portion of the value of the party wall whenever it should be used by him or his personal representatives, was a covenant running with…
2Cases cited3 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Mott v. . OppenheimerNew York Court of Appeals · 1892
- Scott v. . McMillanNew York Court of Appeals · 1879
3Cited by12 opinions
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Bull v. . BurtonNew York Court of Appeals · 1919
- Crawford v. . KrollpfeifferNew York Court of Appeals · 1909
- Adams v. NobleMichigan Supreme Court · 1899
- Horne v. Macon Telegraph Publishing Co.Supreme Court of Georgia · 1914
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