Bates v. Johnston
New York Supreme Court
Appeal from special term, New York county. Action by Hester Bates, Althea Schmid, and Isaiah Keyset against William H. Johnston, Benjamin B. Johnston, Lucretia Johnston, and Mary Bingham. Plaintiffs and the defendant Mary Bingham appeal from a judgment entered on trial by the court without a jury, dismissing the complaint, and denying the prayer for relief in the answer of said defendant Bingham.
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Appeal from special term, New York county. Action by Hester Bates, Althea Schmid, and Isaiah Keyset against William H. Johnston, Benjamin B. Johnston, Lucretia Johnston, and Mary Bingham. Plaintiffs and the defendant Mary Bingham appeal from a judgment entered on trial by the court without a jury, dismissing the complaint, and denying the prayer for relief in the answer of said defendant Bingham. The following is the opinion rendered by Patterson, J„ dismissing the complaint: “The principal question involved in this action, and that which appears to me to be the one on which the cause must be…
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover one-half of the value of buildings now standing on certain lots in the city of Hew York, which the plaintiffs claim to be due to them and the appellant Bingham from the defendants Johnston, the lessors, pursuant to the provisions of a lease of said property for 21 years from the 1st of May, 1867. This lease contained covenants for the payment of rent, taxes, etc., upon the part of the lessees, and a grant in consideration of the covenants contained in the lease for the period of 21 years. It also contained a provision that in case of the non-payment of rent,…
2Cases cited1 opinion
- Finkelmeier v. . BatesNew York Court of Appeals · 1883
3Cited by3 opinions
- Toellner v. McGinnisWashington Supreme Court · 1909
- Daniel Holding Corp. v. Two Thirty Four West Forty Second Street Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Berry v. StuyvesantAppellate Division of the Supreme Court of the State of New York · 1935