Reiner v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Emma Beiner against Bobert Owen Jones. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
The plaintiff sued for rent. The defendant interposed a counterclaim for damages alleged to have been sustained by reason of the plaintiff’s breach of her covenant to repair the roof of the demised premises. The averment in the answer was that such damages were occasioned by “the rain coming through the roof thereof into the store of the defendant in rainy weather, and upon his goods, wares, and merchandise therein contained.” At the close of the evidence the learned trial court, on the authority of Schick v. Fleischhauer, 26 App. Div. 210, 49 N. Y. Supp. 962, directed a verdict in favor of…
2Cases cited6 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Cook v. . SouleNew York Court of Appeals · 1874
- Dorwin v. PotterNew York Supreme Court · 1848
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3Cited by4 opinions
- Guynn v. Tremont Hotel Co.Indiana Court of Appeals · 1921
- Margolius v. MuldbergAppellate Terms of the Supreme Court of New York · 1904
- Goldberg v. BesdineAppellate Division of the Supreme Court of the State of New York · 1902
- Rohman v. BuntAppellate Terms of the Supreme Court of New York · 1910