Brush v. Kohn
The Superior Court of New York City
Appeal from an order denying a motion to correct the verdict. The facts appear in the opinion of the Court. The motion at Special Term was made before Mr. Justice Moxell, and his decision, which was now appealed from, is reported in 14 Abbotts’ Pr., 51.
1Opinion of the Court
By the Court—Bosworth, Ch. J.
This is an appeal by the defendant from an order denying a motion to change the verdict, which is a general verdict in favor of the plaintiff, for $166.67, into a verdict for the defendant..
The action was brought to recover $500, for the rent of premises leased by the plaintiff to the defendant. The defendant, before suit brought, tendered the sum of $166.67; plead the tender as a defense, and, accompanying Ms plea, paid into Oourt the sum tendered.
The plaintiff insisted that the lease continued for a longer period than the defendant conceded it did. The defendant…
2Cases cited6 opinions
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Sayre v. JewettNew York Supreme Court · 1834
- President of the Bank of Columbia v. SoutherlandNew York Supreme Court · 1824
- United States Trust Co. v. HarrisThe Superior Court of New York City · 1851
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