Smith v. Hart
City of New York Municipal Court
Appeal-from a judgment dismissing plaintiff’s complaint, and from an order denying a motion to set aside the direction dismissing the complaint and a new trial.
1Opinion of the Court
Fitzsimons, Ch. J.
It was error to dismiss the complaint. The evidence of the plaintiff, uncontradicted as it was, would have *215entitled and justified the court in directing a verdict in his favor. It proves that the defendant was the owner of a lot of ground at One Hundred and Thirtieth street and Park avenue, in the city of Hew York, and leased it to the plaintiff (who was a junk dealer) for the storage of old junk of all kinds. The plaintiff took possession about May, 1896, and about September, 1897, as he terms it, closed the yard and placed on the gate his own lock, leaving in the yard a…
2Cited by3 opinions
- Citizens National Bank v. OsetekDistrict Court, S.D. New York · 1973
- Scott v. Browning Business Service, Inc.City of New York Municipal Court · 1941
- Taggart v. Graby, New York County Courts1936