Cochran v. Reich
New York Supreme Court
Appeal from circuit court, New York county. Action by William F. Cochran against Lorenz Reich to recover for the use and occupation of certain premises. From a judgment entered on a verdict directed by the court in favor of plaintiff for $44,861.4R and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtO’Brien, J.
The questions presented upon this appeal relate to pleadings and proof. The first cause of action is for breach of a covenant to pay rent reserved in a lease. The breach alleged is the refusal to pay rent after demand made therefor; that the said several sums (of rent), and each of them, now remain wholly due and unpaid, although payment thereof has been duly demanded. The answer contains a general denial. No evidence was offered by plaintiff showing or tending to show that the rent alleged to be “wholly due and unpaid” was unpaid in whole or in part. In the absence of such proof, and against…
2Cases cited7 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Knapp v. . RocheNew York Court of Appeals · 1884
- Quin v. . LloydNew York Court of Appeals · 1869
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
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3Cited by15 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Hicks-Alixanian v. WaltonAppellate Division of the Supreme Court of the State of New York · 1897
- Southward v. FoyNevada Supreme Court · 1948
- Dose v. Hirsch Bros.Appellate Terms of the Supreme Court of New York · 1909
- In re the Estate of PennaNew York Surrogate's Court · 1936
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