Hodgkiss v. Dayton-Brower Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, Seventh District. Action by Frederick E. Hodgkiss and others against the DaytonBrower Company, Incorporated. Judgment for plaintiffs, and defendant appeals. Reversed, and new trial ordered.
1Per curiam
[1] Judgment reversed, and a new trial ordered, with costs to abide the event. It must be assumed that the court below found against the defendant upon the issue of constructive eviction, and with that finding we are not disposed to interfere. But upon the issue of surrender and acceptance we think that a question of fact arose, which did not obtain the decision which the circumstances required. The determination below was based upon the case of Gray v. Kaufman Dairy Co., 9 App. Div. 115, 41 N. Y. Supp. 73. The fact that the decision was reversed (162 N. Y. 388, 56 N. E. 903, 49 L. R. A. 580,…
2Cases cited7 opinions
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Gray v. Kaufman Dairy & Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Meeker v. SpalsburySupreme Court of New Jersey · 1901
- MacKellar v. SiglerNew York Court of Common Pleas · 1874
- Graves v. Miami Steamship Co.Appellate Terms of the Supreme Court of New York · 1899
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