Lyons v. Miller
New York Court of Common Pleas
Appeal from city court, general term. Action by Harris Lyons against Julius Miller. From a judgment ■of the city court (30 N. Y. Supp. 832) affirming a judgment in favor of .plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
In answer to an action for rent for June, 1894, the appellant alleged a surrender “about” the month of September, 1893, and tendered evidence of a surrender in August, 1893; but the court rejected the offer, and directed a verdict in favor of the plaintiff, for want of proof of the defense pleaded. The judgment has been affirmed by the general term of the court below on the ground of variance between the proof tendered and the defense pleaded, and we are to determine whether the ruling may be supported upon any principle in the law of New York.
The maxim invoked by the court below, that…
2Cases cited9 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- Catlin v. . GunterNew York Court of Appeals · 1854
- Craig v. WardNew York Supreme Court · 1862
- Brown v. HarmonNew York Supreme Court · 1856
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