Gitty v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal" from trial term, Erie county. Action by William Gitty against Henry 0. Allen and others. From a judgment in favor of defendants, plaintiff appeals. Affirmed.
1Opinion of the CourtRumsey, J.
This action was brought to recover rent due for canal boats leased by the plaintiff to the defendants in the year *891898. The defendants admit the leasing, but allege that the canal boats were rented by the plaintiff for use upon a certain contract which the defendants then had with the state of New York upon the canal enlargement, and that the agreement was made with the express understanding that, if the work under the contract was stopped by order of the proper officials, the contract for the hire of the boats should cease and be at an end. It is further alleged that the work was stopped…
2Cases cited2 opinions
- Persons v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1899
- McLeod v. HunterAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- J. R. Watkins Medical Co. v. MillerSouth Dakota Supreme Court · 1918