Recknagel v. . Steinway

New York Court of Appeals

Recknagel v. . Steinway

77 N.E. 801, 184 N.Y. 614, 1906 N.Y. LEXIS 1567

CourtNew York Court of Appeals

DecidedApril 17, 1906

StatusPublished

Cited by1 cases

This text of 77 N.E. 801 (Recknagel v. . Steinway) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Recknagel v. . Steinway, 77 N.E. 801, 184 N.Y. 614, 1906 N.Y. LEXIS 1567 (N.Y. 1906).

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Opinion

*615 Per Curiam.

So much has been written in this case that we shall content ourselves with simply stating our Conclusions. 1. The plaintiff is not entitled to recover in one sum as for an entire breach of the contract in suit. 2. She is entitled to judgment for all installments due and unpaid on the contract up to the time of the commencement of this action. 3. She is entitled to maintain an action or actions for' the payment by the trustees named in the agreement of the installments accrued and to accrue subsequent to the commencement of the action in accordance with the terms of the contract.

The judgment herein should be modified so as to conform jo these conclusions, and as so modified affirmed, without costs in this court to either party, and tlie case is, therefore, remitted to the Special Term with directions to take such proceedings as may be necessary to carry the judgment as modified into effect.

Cullen, Ch. J., Gray, Werner, Hisbook and Chase, JJ., concur; Edward T. Bartlett, J., dissents from opinion and votes for affirmance of judgment without modification; O’Brien, J., absent.

Judgment accordingly.

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*615 Per Curiam.

So much has been written in this case that we shall content ourselves with simply stating our Conclusions. 1. The plaintiff is not entitled to recover in one sum as for an entire breach of the contract in suit. 2. She is entitled to judgment for all installments due and unpaid on the contract up to the time of the commencement of this action. 3. She is entitled to maintain an action or actions for' the payment by the trustees named in the agreement of the installments accrued and to accrue subsequent to the commencement of the action in accordance with the terms of the contract.

The judgment herein should be modified so as to conform jo these conclusions, and as so modified affirmed, without costs in this court to either party, and tlie case is, therefore, remitted to the Special Term with directions to take such proceedings as may be necessary to carry the judgment as modified into effect.

Cullen, Ch. J., Gray, Werner, Hisbook and Chase, JJ., concur; Edward T. Bartlett, J., dissents from opinion and votes for affirmance of judgment without modification; O’Brien, J., absent.

Judgment accordingly.

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Bluebook (online)

77 N.E. 801, 184 N.Y. 614, 1906 N.Y. LEXIS 1567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/recknagel-v-steinway-ny-1906.

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