Hamilton v. Emerson
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment and order made at the General Term of the City Court of the city of New York, affirming a judgment in favor of defendant entered on a verdict at Trial Term, and affirming also an order made at Trial Term denying plaintiff’s motion for a new trial.
1Opinion of the CourtO’Gorman, J.
The only question presented on this appeal is whether, in an action for rent under a written lease, the tenant may prove a parol agreement on the part of the lessor that the premises were in a tenantable condition and fit for occupancy, said parol agreement being alleged to be a part of the consideration and the condition for the making of the lease by the defendant. In our opinion the allowance of such proof upon the trial over plaintiff’s objection, constituted error requiring a reversal of the judgment. Proof of a parol collateral agreement is admissible only when it is consistent with the…
2Cases cited9 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Wilson v. . DeenNew York Court of Appeals · 1878
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Meserole v. . HoytNew York Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.