Andrews v. Day Button Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The relief sought by this action was that the defendant be restrained from removing an engine from certain premises which the plaintiff had, by lease of date March 26, 1886, demised to the Fox Changeable Button Company for the term of five years and six months from the first of the then-following April. The lease contained a covenant on the…
1Opinion of the CourtBradley, J.
The action was founded upon the charge that the lessee had no right to remove the old engine and substitute the new one Avithout the permission of the plaintiff; that his consént was given upon the condition that the new engine ■ should belong to him, and that the old engine was taken out and the new one put in pursuant to such consent. If the evidence required the adoption of those propositions, the plaintiff was entitled to the relief sought by the action. But the trial court refused to find that the lessee made such removal and substitution pursuant to the permission of the lessor, and to…
2Cases cited9 opinions
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Ombony v. . JonesNew York Court of Appeals · 1859
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
- Winship v. PittsNew York Court of Chancery · 1831
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rumiche Corp. v. EisenreichNew York Court of Appeals · 1976
- Harar Realty Corp. v. Michlin & Hill, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Updegraff v. LesemColorado Court of Appeals · 1900
- Walker v. TillisSupreme Court of Alabama · 1914
- Sigsbee Holding Corp. v. CanavanCivil Court of the City of New York · 1963
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