Sperry v. . Miller
New York Court of Appeals
Appeal from the Supreme Court. On the trial at the Monroe circuit, before Mr. Justice Wells and a jury, the plaintiff introduced in evidence a lease from him to the defendant, Samuel Miller, of a farm in Monroe county, for the term of five years, ending on the 1st day of April, 1848, reserving the yearly rent of $180, payable, $65 April 1st, 1844, $65 October 1st, 1844, and $65 on the first days of April and October of each year until the whole rent was paid (the defendant,…
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Appeal from the Supreme Court. On the trial at the Monroe circuit, before Mr. Justice Wells and a jury, the plaintiff introduced in evidence a lease from him to the defendant, Samuel Miller, of a farm in Monroe county, for the term of five years, ending on the 1st day of April, 1848, reserving the yearly rent of $180, payable, $65 April 1st, 1844, $65 October 1st, 1844, and $65 on the first days of April and October of each year until the whole rent was paid (the defendant, Henry Miller, having signed the lease as surety for the other defendant), and claimed to recover the $65 which became…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The appellant's counsel claims that, on the former appeal, this court held in effect that the making of the contract of April 2d 1846, and the receipt of May second, indorsed on the contract, constituted no evidence proper to be taken into consideration by a jury, with other testimony, on the question whether the installment of rent…
2Cited by19 opinions
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Smith v. . MatthewsNew York Court of Appeals · 1897
- McGregor v. . B'd of Ed'n of City of N.Y.New York Court of Appeals · 1887
- Rockwell v. Eiler's Music HouseWashington Supreme Court · 1912
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