Barrett v. . Palmer
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made October 26, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The City Court of Brooklyn had no jurisdiction to tiy this case. (Main v. Cooper, 25 N. Y. 180 ; Kelly v. N. Y. & M. B. R. R. Co., 81 id. 233; Wickam v. Freman, 12 John. 173; Sage v. Harpending, 31 How.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made October 26, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The City Court of Brooklyn had no jurisdiction to tiy this case. (Main v. Cooper, 25 N. Y. 180 ; Kelly v. N. Y. & M. B. R. R. Co., 81 id. 233; Wickam v. Freman, 12 John. 173; Sage v. Harpending, 31 How. Pr. 1; McKeller v. Ziegler, 47 id. 20; Proctor v. Tows, 115 Ill. 138; McCann v. Rathbone, 8 R. I. 403; Frank v. Nichols,…
1Opinion of the CourtO’Bbieh, J.
The plaintiff recovered a verdict against the defendants in an action alleging a trespass. The facts are undisputed that in February, 1889, the defendant, Palmer, leased to the plaintiff certain booths or market stands in the Wallabout Market, Brooklyn, for two years, and that the plaintiff had paid to him the rent reserved by the lease up to July, 1889. That in April, 1889, the defendants, acting together without right, took possession of the stands, ejected the plaintiff therefrom, and destroyed or converted to their own use Certain fixtures and other property and have ever since excluded…
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