Jehle v. Ellicott Square Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Mary Jehle and another, as administrators, etc., of Valentine Jehle, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in che office of the clerk of the county of Erie on the 23d day of February, 1897, upon a nonsuit granted by the court after a trial at the Erie Trial Term.
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Appeal by the plaintiffs, Mary Jehle and another, as administrators, etc., of Valentine Jehle, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in che office of the clerk of the county of Erie on the 23d day of February, 1897, upon a nonsuit granted by the court after a trial at the Erie Trial Term. Plaintiffs’ complaint alleges that, on the 14th of May, 1896, the defendant was a domestic corporation organized under the Laws of the State of Hew York, and “was the owner of a certain building situated in the City of Buffalo, called Ellieott Square, and was in…
1Opinion of the Court
Hardin, P. J.:
According to the evidence given in the case in hand the defendant had not accepted the building from the contractors who were engaged in constructing the building under a contract with the defendant. The defendant had not accepted the building or offered it to the public for use. True, it had commenced making leases to tenants of sundry portions of the building, and the tenants were engaged in the process of fitting up the portions rented of the defendant. When the Jewett Manufacturing Company took the contract from the Ellicott Club to furnish the club rooms, the Jewett…
2Cases cited6 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Hart v. . GrennellNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Podjeski v. Ellicott Square Co.Appellate Division of the Supreme Court of the State of New York · 1900