Beck v. McLane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael J. Beck, from a judgment of the County Court of Erie county in favor of the defendant, entered in the office of the clerk oE said county on the 20th day of March, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 13tli day of April, 1908, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Michael J. Beck, from a judgment of the County Court of Erie county in favor of the defendant, entered in the office of the clerk oE said county on the 20th day of March, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 13tli day of April, 1908, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes. The action was first tried in Justice’s Court, the plaintiff recovering judgment, and it came to County Court upon an appeal by the defendant for new trial.
1Opinion of the Court
Spring, J.:
On the 16th of March, 1906, the plaintiff conveyed his farm to the defendant, the deed containing covenants of warranty. At the time of the delivery of the conveyance the farm was in possession of a tenant whose term was to expire on April first following. In the fall preceding the tenant had sowed five acres of rye on the farm upon an oral agreement with the plaintiff, his landlord, that one-half of the rye was to belong to him and that he was to have the right to harvest the same in the fall after the expiration of his tenancy.
The defendant owned a farm adjoining that of the…
2Cases cited6 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Harris v. . FrinkNew York Court of Appeals · 1872
- Sherman v. . WillettNew York Court of Appeals · 1870
- Leonard v. . CloughNew York Court of Appeals · 1892
- Banta v. . MerchantNew York Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
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