Legal Opinion

Taylor v. Syme

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 6 opinions

Appeal by the defendant, Frederick J. Syme, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡New York on the 28th day of January, 1897, upon the verdict of a jury rendered by direction of the. court, and also from an order bearing date the 27th day of January, 1897, and entered in said clerk’s office denying the defendant Frederick J. Svme’s motion for a new trial made upon the minutes. . The action was…

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Appeal by the defendant, Frederick J. Syme, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡New York on the 28th day of January, 1897, upon the verdict of a jury rendered by direction of the. court, and also from an order bearing date the 27th day of January, 1897, and entered in said clerk’s office denying the defendant Frederick J. Svme’s motion for a new trial made upon the minutes. . The action was brought to recover upon two promissory notes executed by the defendants Frederick J. Syme and Columbus H. Allen under the…

1Opinion of the Court

Van Brunt, P. J.:

The defendants, Frederick J. Syme and Columbus H. Allen (who was not served), were partners doing business under the name of Allen & Syme at 2STew Orleans, Louisiana. They leased a planta^ tion from one Eliza Kenner and gave their copartnership notes in payment for the rental. The notes in suit were the last two of the series. The lease contained a provision that if the lessees should be deprived of the use of the premises by and through any causes beyond their control or any fortuitous event they should be allowed a reduction or diminution of their rental pro tanto.

At the…

2Cited by6 opinions

  1. Wetzel v. HartAppellate Court of Illinois · 1963
  2. Smith v. BloodAppellate Division of the Supreme Court of the State of New York · 1905
  3. Bahn v. Estate of FritzMontana Supreme Court · 1932
  4. Chesapeake Coal Co. v. MengisAppellate Division of the Supreme Court of the State of New York · 1905
  5. Belden v. WilkinsonNew York Supreme Court · 1901

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