Wilson v. . Deen
New York Court of Appeals
Appeal from judgment of the General Term of. the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. The nature of the action and the facts are set forth sufficiently in the opinion. The parol promises made before the execution of the lease are merged in it and cannot be heard to affect its validity.
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Appeal from judgment of the General Term of. the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. The nature of the action and the facts are set forth sufficiently in the opinion. The parol promises made before the execution of the lease are merged in it and cannot be heard to affect its validity. (Clive v. Willougby, 7 Hill, 83; Speckels v. Sax, 1 E. D. Smith, 253; Johnson v. Oppenheim, 55 N. Y., 280; Thorpe v. Sughi, 55 Ala., 530; Brownell v. Haskell, 22 Pick., 310; Thorpe v. Ross, 4…
1Opinion of the CourtRapallo, J.
This action was brought by a lessee and her surety, against the lessor, to obtain the cancellation of the lease. The lease was executed by 'all the parties, in duplicate, on the 29th of October, 1873, and demised “the house known as number four, East Thirtieth street, in the city of New York, with the furniture therein, a schedule of which is to be made in duplicate upon the party of the second part taking possession of the premises, and to be annexed to this lease, to be used as a dwelling-house ” for the term of two years and ten months from the 1st of November, 1873, at the rent of $450…
2Cases cited8 opinions
- Nevius v. . DunlapNew York Court of Appeals · 1865
- Stevens v. CooperNew York Court of Chancery · 1815
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
- Renard v. . SampsonNew York Court of Appeals · 1855
- Oliver ex rel. Rowland v. OliverSupreme Court of Pennsylvania · 1833
3 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Adams v. . GilligNew York Court of Appeals · 1910
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
- Mitchill v. LathNew York Court of Appeals · 1928
74 more not listed; retrieve them via the Exa API.