Vann v. . Rouse
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendants, entered upon an order made January 21, 1882, which denied a motion for a new trial and directed judgment upon a verdict. This action was brought upon a guaranty of payment of rent reserved by a lease, the substance of which, as well as the material facts, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendants, entered upon an order made January 21, 1882, which denied a motion for a new trial and directed judgment upon a verdict. This action was brought upon a guaranty of payment of rent reserved by a lease, the substance of which, as well as the material facts, are stated in the opinion. The court clearly erred in holding that the defendants were, without assignment, entitled to set off the damages sustained by the society by reason of the injury to the furniture, carpets, etc.,…
1Opinion of the CourtDanforth, J.
On the 22d of April, 1873, the plaintiff leased to the Second Hniversalist Society, of Syracuse, three rooms in the second story of Ho. 61 South Salina street, Syracuse, to be occupied by them “ as a place for religious worship, and purposes connected therewith, for the term of three years, commencing on the 1st day of May, 1873, and ending on the 30tli day of April, 1876, at the annual rent of $400 the first year, and $500 the next two years; in equal monthly payments—subject, however, to the provision that in case the tenant shall abandon the premises at any time, the rent then due or to…
2Cases cited2 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Home Insurance v. Western Transportation Co.New York Court of Appeals · 1872
3Cited by26 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Koeber v. SomersWisconsin Supreme Court · 1901
- Galante v. Hathaway Bakeries, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
- Meserole v. . HoytNew York Court of Appeals · 1899
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
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