Clement v. Young-McShea Amusement Co.
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Bergen, whose opinion is reported in 69 N. J. Eq. SJi'7. From July 1st, 1892, until the filing of'tire present bill, the Young-McShea Amusement Company was the owner of a building fronting on the boardwalk in Atlantic City, and known as “Young’s Hotel.”
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On appeal from a decree of the court of chancery advised by Vice-Chancellor Bergen, whose opinion is reported in 69 N. J. Eq. SJi'7. From July 1st, 1892, until the filing of'tire present bill, the Young-McShea Amusement Company was the owner of a building fronting on the boardwalk in Atlantic City, and known as “Young’s Hotel.” That company is a Hew Jersey corporation, having fifteen hundred shares of capital stock, and during the transactions involved in this litigation John L. Young owned about fourteen hundred and forty of those shares, and was the treasurer and a director of the company.…
1Opinion of the CourtDixon, J.
The written instrument upon which the complainants base their claim was incapable of creating the term of years therein mentioned, either against the company or against Young, the lessor, because of the first section of the statute of frauds (2 Gen. Stat. p. 1602), which enacts that
“All leases * * * of * * * any * * * tenements * * * made or created * *_ * by parol and not put in writing and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases at will only, and shall not either in law or…
2Cases cited1 opinion
- Allemong v. SimmonsIndiana Supreme Court · 1890
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- Schlessinger v. Forest Products Co.Supreme Court of New Jersey · 1910
- Trethewey v. Green River Gorge, Inc.Washington Supreme Court · 1943
- Crumpacker v. JeffreyIndiana Court of Appeals · 1917
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