← Cases

McAnerney v. Bernstein

126 A.D. 906 Court N.Y. App. Div. English

Decision Majority · Dissent — McLaughlin, J. (dissenting):

Contents

Majority

p. 906
Daniel McAnerney and Amelia A. McAnerney Respondents, v. Harris Bernstein and Others, Defendants, Impleaded with George F. Johnson, Appellant.

Headnote

Beal property — reservation in deed.
Appeal from a judgment rendered after a trial at Special Term.
Judgment affirmed, with costs.

No opinion.

Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ.; McLaughlin, J., dissenting in memorandum.

I dissent on the ground that the reservation contained in the deed of the property in question was a reservation only of the

Dissent

p. 907
right to collect damages accruing down to the time of the conveyance by the plaintiff to Bernstein and Davis; and under the twenty-fifth finding of fact I do not see how this judgment can be sustained.