Bruce v. Welch
New York Supreme Court
Appeal from circuit court, New York county. Action by David W. Bruce and others, trustees, against Uriah Welch, for rent. Defendant filed a counter-claim for breach of a covenant in the lease by which plaintiffs were bound to permit the removal of certain mantels and grates. There was a judgment for plaintiffs, which was reversed on appeal. 43 Hun, 640, mem. On the second trial there was a verdict and judgment for plaintiffs for $963.30, and defendant again appeals.
1Opinion of the CourtBartlett, J.
I think the defendant was entitled to a broader measure of damages than was sanctioned by the trial judge in his rulings upon the evidence sought to be introduced to sustain the counter-claim. Under the covenant in the lease the defendant was to be allowed to remove the marble mantels and grates, provided that he made good the injury which might be done by such removal; and by way of counter-claim against the demand of the plaintiffs for the rent of the premises lie averred that when he wished and attempted to remove the mantels and grates, both before and also immediately after the…
2Cases cited1 opinion
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
3Cited by5 opinions
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- Young v. Consolidated Imp. Co.Utah Supreme Court · 1901
- Podlech v. PhelanUtah Supreme Court · 1896
- Barnes v. SeligmanNew York Supreme Court · 1890