Lenihan v. Ward

Appellate Division of the Supreme Court of New York

Lenihan v. Ward

119 A.D. 870, 103 N.Y.S. 1131

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1907

StatusPublished

This text of 119 A.D. 870 (Lenihan v. Ward) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lenihan v. Ward, 119 A.D. 870, 103 N.Y.S. 1131 (N.Y. Ct. App. 1907).

Pincite

Opinion

Gaynor, J.

: The contract of the plaintiff was to convey to the defendant a house “ each line of it running through a party wall”. Each side line does run through the" center of a wall, but the claim of the defendant is that one of the walls, while'apparently a party wall, and one-h.alf on the adjoining land, was there without right. This was a defense for him to establish, but he gave no evidence on the'subject. The judgment should be affirmed.- Hirschberg, P. J., Woodward, Jenks and Hooker, JJ., concurred. - "

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Gaynor, J.

: The contract of the plaintiff was to convey to the defendant a house “ each line of it running through a party wall”. Each side line does run through the" center of a wall, but the claim of the defendant is that one of the walls, while'apparently a party wall, and one-h.alf on the adjoining land, was there without right. This was a defense for him to establish, but he gave no evidence on the'subject. The judgment should be affirmed.- Hirschberg, P. J., Woodward, Jenks and Hooker, JJ., concurred. - "

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Bluebook (online)

119 A.D. 870, 103 N.Y.S. 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenihan-v-ward-nyappdiv-1907.