Ackley v. . Westervelt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 30, 1880, which overruled defendant’s exceptions and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion, The judgment upon the undertakings was conclusive upon every question necessarily involved.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 30, 1880, which overruled defendant’s exceptions and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion, The judgment upon the undertakings was conclusive upon every question necessarily involved. (Secor v. Sturges, 16 N. Y. 548; O’Brien v. Lloyd, 43 id. 248.) Plaintiff could not recover for value of use and occupation if a lease existed. (Bedford v. Terhune, 30 N. Y. 453; 24 How. Pr. 422; 1 Daly, 371.) The…
1Opinion of the CourtEarl, J.
This is an action to recover the rent of certain premises in the city of Hew York, alleged to have been occupied by the defendant, as tenant of the plaintiff, for the period of time intervening between Eeb. 1, 1870, and Oct. 1, 1875.
The defendant, in her answer, denied all the allegations contained in the complaint, and alleged that she was a married woman, the wife of Cornelius Westervelt, and that during the time mentioned in the complaint she resided upon the premises, as his wife and as a member of his family, being engaged in no business whatever.
Upon the trial the plaintiff, to…
2Cases cited2 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Westervelt v. . AckleyNew York Court of Appeals · 1875
3Cited by18 opinions
- Bowen v. . DaughertySupreme Court of North Carolina · 1915
- Land v. ShippSupreme Court of Virginia · 1900
- C. & C. Electric Co. v. Walker Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Johnson v. DollNew York Court of Common Pleas · 1895
13 more not listed; retrieve them via the Exa API.