Sanford v. . Pollock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered on an order made the first Monday of January, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial: This action was brought to recover rent for certain premises alleged to have been leased by the defendant of plaintiff’s assignor. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered on an order made the first Monday of January, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial: This action was brought to recover rent for certain premises alleged to have been leased by the defendant of plaintiff’s assignor. The material facts are stated in the opinion. The fact that the defendant resided on the premises with her husband in no way rendered her liable for the rent. (Shouler on Dom.…
1Opinion of the CourtRapallo, J.
We think that the motion for a nonsuit should have been granted. There was no evidence in the case which would have authorized the jury to find that the premises were hired by the defendant, or by her husband in her name by her authority. It is true that the plaintiff, on his direct examination, testified that he rented the premises to the defendant, and that she occupied them; but, by his cross-examination, it appears that the whole matter was negotiated by her husband ; that she was not present at the time of the making of the contract of letting, and that the only foundation for his…
2Cited by3 opinions
- Grandy v. HadcockAppellate Division of the Supreme Court of the State of New York · 1903
- Claim of North v. RichardsAppellate Division of the Supreme Court of the State of New York · 1953
- Collins v. FairchildNew York Supreme Court · 1888