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AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO.

No. 79.

5 F.2d 945 (1924)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO. In re EIGHTH AVE. R. CO.

Circuit Court of Appeals, Second Circuit.

December 2, 1924.

Attorney(s) appearing for the Case

Michel Kirtland, of New York City, for appellant.

Cotton & Franklin, of New York City (Thurlow M. Gordon, of New York City, of counsel), for appellee Sheeran.

Before HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

MANTON, Circuit Judge.

On November 23, 1895, the Eighth Avenue Railroad Company leased its railroad and other property including a parcel of real estate upon which there was a car barn on West side of Eighth avenue, between Forty-Ninth and Fiftieth street, in New York City, to the Metropolitan Railway Company for a period of 99 years. This lease provided for insurance against fire, which was payable to the lessor in the event of loss. The lessee went into possession...

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