New York Court of Appeals September 16, 1879 (Hartford and N.Y. S'boat Co. v. . the Mayor)

Raparlo, J.

The plaintiff seeks in this action to recover the expense of rebuilding a pier occupied by the plaintiff under an agreement with the city. The case comes up on appeal from a judgment for the defendant on demurrer to the complaint.

We think it very clear that there was nothing in the agreement or lease set out in the complaint, which bound the city to repair or rebuild the pier.