Ireland v. Nichols
The Superior Court of New York City
Motion to discharge a receiver. This action was brought by Andrew L. Ireland against William Henry Nichols and others. The plaintiff procured the appointment of a receiver in the action as a provisional remedy, and subsequently defendants succeeded upon the trial; and, after judgment entered for defendants, plaintiff appealed to the court of appeals.
1Opinion of the CourtFreedman, J.
This action was brought by the plaintiff, as lessor, against the defendant Nichols, as lessee, to recover the possession of real property, upon the ground that the lease had been forfeited for violation of its conditions. The main question in the case was, whether the forfeiture incurred had been waived by plaintiff. Upon the trial, the court directed the jury to find a verdict for the defendants, to which ruling *72the plaintiff duly excepted. The jury, by direction of the court, found a verdict for the defendants, and the exception was ordered to be heard at general term, in the first…
2Cases cited4 opinions
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- In re BerryNew York Supreme Court · 1857
- Ireland v. NicholsThe Superior Court of New York City · 1869
- Rathbone v. MorrisNew York Supreme Court · 1859
3Cited by3 opinions
- Baughman v. Superior CourtCalifornia Supreme Court · 1887
- Pacific Bank v. Madera Fruit & Land Co.California Supreme Court · 1899
- Durant Land Imp Co. v. Thomson-Houston Electric Co.New York Court of Common Pleas · 1893