Chatterton v. Fox
The Superior Court of New York City
This action came before the court on an appeal from a judgment entered upon the report of a referee, in favor of the plaintiff, for $429.26. The report is as follows: I, Henry Brewster, sole referee, appointed to hear and determine the issues in this action, do certify and report to the Superior Court of the city of New York, that I have been attended by the counsel of the respective parties, and that I have examined the issues, and taken the testimony of the several…
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This action came before the court on an appeal from a judgment entered upon the report of a referee, in favor of the plaintiff, for $429.26. The report is as follows: I, Henry Brewster, sole referee, appointed to hear and determine the issues in this action, do certify and report to the Superior Court of the city of New York, that I have been attended by the counsel of the respective parties, and that I have examined the issues, and taken the testimony of the several witnesses on oath, and I do find, as matters of fact, that the plaintiff wastenant of the front room in the second story of the…
1Opinion of the CourtBy the Court. Bosworth, J.
We think the finding of the referee, that the defendant evicted the plaintiff, and that the eviction was in November, 1852, is fully warranted by the evidence.
The evidence is, that the plaintiff hired the premises in Maiden Lane on the first of November, 1852. This was before the eviction. We are not at liberty to infer that this hiring was in consequence of the eviction. The referee allowed as an item of damage, the “heavier rate of rent” of the premises to which the plaintiff removed. Eor aught that appears, the plaintiff might have hired a room of the dimensions of that from which he…
2Cases cited1 opinion
- Noyes v. AndersonThe Superior Court of New York City · 1852
3Cited by12 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Buck v. MuellerOregon Supreme Court · 1960
- Denison v. FordNew York Court of Common Pleas · 1878
- Williamson v. StevensAppellate Division of the Supreme Court of the State of New York · 1903
- Hickman v. RaylIndiana Supreme Court · 1877
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