Coffin v. Atkins

Superior Court of New York

Coffin v. Atkins

13 N.Y.S. 886, 1891 N.Y. Misc. LEXIS 1724

CourtThe Superior Court of the City of New York and Buffalo

DecidedApril 6, 1891

StatusPublished

This text of 13 N.Y.S. 886 (Coffin v. Atkins) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coffin v. Atkins, 13 N.Y.S. 886, 1891 N.Y. Misc. LEXIS 1724 (superctny 1891).

Pincite

Opinion

Dugro, J.

This is an appeal from a judgment. The covenant in the deed of July, 1884, reads that the plaintiff will “supply the steam for heating and the hot water for the adjoining buildings on the east of the premises hereby conveyed, as now connected. ” The word “now” refers to the time of the delivery of the deed. To establish his case it became necessary for the plaintiff to show, among other things, that the supply of the steam and hot water to the premises in question was as they were connected at the time of the delivery of the deed. This he failed to do. The complaint was therefore properly dismissed. The judgment should be affirmed.

Sedgwick, 0. J., concurs in the result.

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Dugro, J.

This is an appeal from a judgment. The covenant in the deed of July, 1884, reads that the plaintiff will “supply the steam for heating and the hot water for the adjoining buildings on the east of the premises hereby conveyed, as now connected. ” The word “now” refers to the time of the delivery of the deed. To establish his case it became necessary for the plaintiff to show, among other things, that the supply of the steam and hot water to the premises in question was as they were connected at the time of the delivery of the deed. This he failed to do. The complaint was therefore properly dismissed. The judgment should be affirmed.

Sedgwick, 0. J., concurs in the result.

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Bluebook (online)

13 N.Y.S. 886, 1891 N.Y. Misc. LEXIS 1724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffin-v-atkins-superctny-1891.