United States Trust Co. v. O'Brien
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 5, 1893, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 5, 1893, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The failure to rent the premises from May 1, 1889, to February 1, 1890, was the. direct, natural and certain consequence of the defendant’s breach of the covenants in the lease, R. l. Co. v. S. & P. P. Co., 135 N. Y. 209; Davis v. Garnett, 6 Bing. 716; Drucker v. M. R. Co., 106 N. Y. 157;…
1Opinion of the CourtPeckham, J.
The plaintiff commenced this action to recover damages for the breach of certain covenants contained in a lease of premises situated in the city of New York to the defendant for a dwelling house. After the evidence was all in the court directed a verdict for the plaintiff for six cents damages only, and the judgment entered thereon having been affirmed by the General Term of the New York Superior Court, the plaintiff has appealed here, and it now maintains that the question of the amount of damages arising from the breach of the covenant should have been submitted to the jury. The plaintiff…
2Cases cited4 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Baker v. . DrakeNew York Court of Appeals · 1873
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Swain v. . SchieffelinNew York Court of Appeals · 1892
3Cited by32 opinions
- J. Truett Payne Co. v. Chrysler Motors Corp.Supreme Court of the United States · 1981
- Palmer v. Connecticut Railway & Lighting Co.Supreme Court of the United States · 1941
- Texas Pacific Coal & Oil Co. v. BarkerTexas Supreme Court · 1928
- Hetzel v. Baltimore & Ohio RailroadSupreme Court of the United States · 1898
- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
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