Moss v. Witteman
New York Court of Common Pleas
Appeal from trial term. Action by Frank Moss, executor of the will of Maltby G. Lane, deceased, against Jacob F. Witteman and another, to recover rent, and damages for a breach of covenants in the lease. Plaintiff had judgment on the verdict of a jury, and defendants appeal.
1Opinion of the CourtPryor, J.
In an action for rent the defendants interposed an affirmative defense and several counterclaims. On plaintiff’s motion, at the opening of the case, the defense and counterclaims were dismissed for insufficiency in substance. The trial proceeded upon two other issues raised by the pleadings, and resulted in a verdict for the plaintiff on one issue, and for the défendants on the other. Judgment was entered for the plaintiff. Upon the appeal the only question is whether1 the court erred in the dismissal of the defense and counterclaims. Elaborate and interesting arguments are submitted to us by…
2Cases cited4 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Smith v. . CountrymanNew York Court of Appeals · 1864
- Butler v. LivermoreNew York Supreme Court · 1868
3Cited by3 opinions
- Smith v. HedgesAppellate Division of the Supreme Court of the State of New York · 1915
- Perkins v. Brainard Quarry Co.New York Court of Common Pleas · 1895
- Bowsky v. SchlichtenAppellate Terms of the Supreme Court of New York · 1911