Collamer v. Farrington
New York Supreme Court
Appeal from judgment on report of referee. Action by Warren B. Collamer against Albert H. Farrington on a contract of suretyship for the performance by a lessee of the conditions of a lease. There was a judgment for plaintiff, and defendant appeals.
1Dissent
Mayham, J.,
(dissenting.) The defendant seeks to establish the defense-of payment by showing a paroi agreement between the plaintiff and tenant under which the plaintiff was to take certain improvements and fixtures made by the tenant upon the demised premises, the value of which were to apply on the last installment of rent to fall due under the lease. This evidence was-objected to by the plaintiff on the ground that the contract reduced to writing was the best evidence, and that all conversations prior to and at the time of making the lease were merged in the writing, and could not be used…
2Cases cited9 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Wilson v. . DeenNew York Court of Appeals · 1878
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.