100 N.Y.S. 307 | N.Y. Sup. Ct. | 1906
The object of this action is to judicially determine the respective rights of the plaintiff, Henry B. Sire, and the defendant, Edward R. Thomas, arising out of an alleged agreement between Leander S. Sire, a brother of said plaintiff, and the said Thomas, concerning certain leasehold property located at the northwest corner of Broadway and Forty-fifth street, in the city of Hew York. The said agreement was assigned to the plaintiff before this action was commenced. The testimony consists of about 1,000 typewritten pages, and, as to many of the questions involved, there is a very sharp conflict of evidence. It appears that, in the summer of 1902, the said Leander S. Sire held, in the name of Joseph J. Corwin, one of the defendants herein, a leasehold from the trustees of Henry Astor of the corner lot at Broadway and Forty-fifth street above mentioned, where he had begun the construction of a theatre, and that there was a mortgage of $25,000 upon said leasehold, which the said Sire claimed he controlled; that the said Sire had become embarrassed for want of sufficient funds to carry out the project; that at this stage he met the defendant Thomas, brought the matter to his attention and disclosed the condition of affairs; that, in response to the proposition of said Leander S. Sire that the said Thomas should unite with
Judgment dismissing complaint on the merits, with costs.