West Side Savings Bank v. Newton
New York Court of Common Pleas
Appeal from a judgment of the Marine Court of the city of New York affirming a judgment entered on a decision of the Chief Justice of that court after a trial before him without a jury. The facts are stated in the opinion óf Judge Robinson.
1DissentCharles P. Daly, Chief Justice
The chief justice before whom the cause was tried has found that no such notice was given by Mrs. Carpenter to the plaintiff declaring the lease at an end as was required within the clause providing for the termination of it, upon giving ninety days’ notice. Mrs. Carpenter swore that on or about the 5th day of March she gave Mr. Allee, the secretary of the company, the ninety' days’ notice under the lease; that she did so at the request of her surety, the defendant; that she told Allee, standing in the door of the bank, that she had come to avail herself of the clause in the lease of ninety…
2Cases cited6 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- Campbell v. ShieldsNew York Supreme Court · 1855
- Edgerton v. PageNew York Court of Common Pleas · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Simons v. SewardThe Superior Court of New York City · 1887