Smith v. Barber
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Amzi L. Barber, for a new trial upon a case containing exceptions ordered to be heard- at the Appellate Division in the first instance. The issues of fact were brought to trial at a New York Trial Term held in March, 1905.'
1Opinion of the Court
Ingraham, J.:
The action was brought to recover.the rent -reserved by a lease whereby the plaintiff leased certain premises to the defendant, together with the costs of certain improvements on the premises, which was under the lease to be paid, by the tenant. On the trial the court excluded evidence offered by the defendant to sustain the defense set up in the answer and directed a verdict for the plaintiff. Exceptions were taken to’ these rulings and they were ordered to be heard here in the first instance.' The- lease is annexed to the com*188plaint: By it the plaintiff leased to the defendant…
2Cases cited4 opinions
- Trull v. . GrangerNew York Court of Appeals · 1853
- Mechanics' & Traders' Fire Insurance v. ScottNew York Court of Common Pleas · 1859
- Smith v. BarberAppellate Division of the Supreme Court of the State of New York · 1904
- Harris v. GreenbergerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Larsen v. City of New YorkAppellate Terms of the Supreme Court of New York · 1912