Lowenstein v. McIntosh
New York Supreme Court
PPBAL from a judgment entered at a special term, after a trial at the circuit, before the court without a jury. The action was brought for an accounting between the parties relative to the crops and produce of a farm leased by the plaintiff to the defendant on the 1st day of May, 1859, for the term of one year. The rent to be paid by the defendant was one half of the products and crops which should he raised on the farm by the defendant.
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PPBAL from a judgment entered at a special term, after a trial at the circuit, before the court without a jury. The action was brought for an accounting between the parties relative to the crops and produce of a farm leased by the plaintiff to the defendant on the 1st day of May, 1859, for the term of one year. The rent to be paid by the defendant was one half of the products and crops which should he raised on the farm by the defendant. The plaintiff prayed for an injunction to prevent the defendant from disposing of or removing the crops, and for a receiver. The answer put in issue most of…
1Opinion of the Court
By the Court,
Welles, J.
The findings of fact by the justice before whom the cause was tried show that Henry Lowenstein never had any legal interest in the farm; and that in the arrangement made by him with the defendant, on or about May 1, 1859, under which the defendant went into possession of the farm, he acted as the plaintiff’s agent. The agreement in writing afterwards made between the plaintiff and defendant, in relation to the occupancy and cultivation of the farm, was dated the 1st of May, 1859, doubtless for the purpose of embracing and merging the previous paroi arrangement made…
2Cases cited1 opinion
- Coan v. OsgoodNew York Supreme Court · 1853
3Cited by1 opinion
- Burhans v. Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1897