American Agricultural Chemical Co. v. Pocahontas Coal Corp.

Appellate Division of the Supreme Court of New York

American Agricultural Chemical Co. v. Pocahontas Coal Corp.

256 A.D. 946, 10 N.Y.S.2d 298, 1939 N.Y. App. Div. LEXIS 5580

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 1939·Published

Opinion

This is a controversy submitted on an agreed statement of facts pursuant to sections 546-548 of the Civil Practice Act. The following two questions were submitted: 1. Does the reservation in the lease give the plaintiff the right to have vessels, barges or other carriers, moored or docked alongside the bulkhead in front of said five (5) foot strip, overlap onto the bulkhead beyond said five (5) foot strip? 2. Is the said right reserved in the lease assignable by the plaintiff? Both questions are answered in the affirmative and judgment unanimously directed for plaintiff, without costs. Present — Hagarty, Davis, Johnston, Adel and Close, JJ.

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This is a controversy submitted on an agreed statement of facts pursuant to sections 546-548 of the Civil Practice Act. The following two questions were submitted: 1. Does the reservation in the lease give the plaintiff the right to have vessels, barges or other carriers, moored or docked alongside the bulkhead in front of said five (5) foot strip, overlap onto the bulkhead beyond said five (5) foot strip? 2. Is the said right reserved in the lease assignable by the plaintiff? Both questions are answered in the affirmative and judgment unanimously directed for plaintiff, without costs. Present — Hagarty, Davis, Johnston, Adel and Close, JJ.

American Agricultural Chemical Co. v. Pocahontas Coal Corp., 256 A.D. 946, 10 N.Y.S.2d 298, 1939 N.Y. App. Div. LEXIS 5580 (N.Y. Ct. App. 1939).

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256 A.D. 946 (American Agricultural Chemical Co. v. Pocahontas Coal Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.