O'Brien v. Smith
New York Supreme Court
Appeal from circuit court, New York county. Action by Michael O’Brien against Robert J. Smith. Defendant appeals from a judgment rendered upon a verdict directed in favor of the plaintiff. Questions put to plaintiff’s assignor as to whether the witness was acquainted with plaintiff, and whether plaintiff was not bringing the suit as agent, were excluded, upon objection by defendant.
1Opinion of the CourtBarrett, J.
This action was brought to recover the rent of a house in Brooklyn, under a lease executed by one Margaret Smith (plaintiff’s assignor) to defendant. The term was five years from the 11th day of September, 1883, and the plaintiff claimed the unpaid rent for the ten months commencing on the 11th day of March, 1884. The defendant in his answer denied the execution of the lease; ignored the assignment from Margaret Smith to the plaintiff; alleged affirmatively—First, that the plaintiff is not the real party in interest; and, second, that Margaret Smith evicted him from the property before the…
2Cases cited5 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Giles v. . ComstockNew York Court of Appeals · 1850
- Etheridge v. OsbornNew York Supreme Court · 1834
- Warren v. LelandNew York Supreme Court · 1847
3Cited by8 opinions
- Smith v. BarberAppellate Division of the Supreme Court of the State of New York · 1904
- Carnegie Hall, Inc. v. ZysmanAppellate Division of the Supreme Court of the State of New York · 1933
- Cole v. SanfordNew York Supreme Court · 1894
- Goerl v. DamrauerAppellate Terms of the Supreme Court of New York · 1899
- Johnson v. BargNew York Court of Common Pleas · 1894
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