Miller v. Barnett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Elizabeth Miller and others, as trustees, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 25th day of November, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s •office on the 19th day of November, 1912, denying plaintiffs’ motion for a new trial made upon the minutes.
1Dissent
Kellogg, J. (dissenting):
The plaintiffs’ agent, Lefler, agreed upon the terms of a lease with the defendant for one year at $350 per year, the defendant to pay the water rates. The plaintiffs personally had no part in the negotiations. They executed the written lease and it was delivered by the agent to the defendant after she signed it. The lease provided that the rent should be paid in Troy monthly in advance. It was, however, paid to the agent at Saratoga, and he remitted the amount less his commissions to the plaintiffs. The lease was otherwise carried out according to its terms and the…
2Cases cited1 opinion
- Crowe v. Liquid Carbonic Co.Appellate Division of the Supreme Court of the State of New York · 1912