Smith v. Barber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Wheeler Smith, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 7th day of December, 1903, granting the defendant’s motion to set aside a verdict theretofore rendered by the jury in favor of the plaintiff and granting a new trial. •The plaintiff in this action sought to recover from the defendant seven monthly payments of $3,125 each, amounting in the…
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Appeal by the plaintiff, William Wheeler Smith, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 7th day of December, 1903, granting the defendant’s motion to set aside a verdict theretofore rendered by the jury in favor of the plaintiff and granting a new trial. •The plaintiff in this action sought to recover from the defendant seven monthly payments of $3,125 each, amounting in the aggregate to $21,875, under a lease covering a portion of the first and second floors of the premises Ho. 7 Wall street,…
1Opinion of the Court
O’Brien, J.:
The plaintiff’s contention is that on the undisputed facts he was entitled to a direction of a verdict in his favor and that, therefore *239the trial court was not justified in setting aside the verdict. If the plaintiff is right in this contention, it is certain, upon the facts, that injustice will be done the defendant because, concededly, as the result of Selisberg & Co. occupying a portion of the premises under a lease from the plaintiff — which occupancy necessarily interfered with the ability or legal right of the defendant to obtain possession of all of the demised premises and…
2Cases cited2 opinions
- Mechanics' & Traders' Fire Insurance v. ScottNew York Court of Common Pleas · 1859
- O'Brien v. SmithNew York Supreme Court · 1891
3Cited by8 opinions
- Merrill v. GordonArizona Supreme Court · 1914
- Coutts v. J. L. Kraft & Bros.New York Supreme Court · 1922
- Forshaw v. HathawayAppellate Terms of the Supreme Court of New York · 1920
- Carnegie Hall, Inc. v. ZysmanAppellate Division of the Supreme Court of the State of New York · 1933
- 67 Wall Street Co. v. Franklin National BankAppellate Division of the Supreme Court of the State of New York · 1974
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