Wurster v. . Armfield
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 4, 1902, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 4, 1902, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in excluding evidence that since January 1, 1899, the defendant had been incompetent, by reason of lunacy, to manage his affairs, and in refusing to try the issue of the sanity of the defendant at the date of the appraisal. (Merritt v. Merritt, 43 App. Div.…
1Opinion of the CourtHaight, J.
This action was brought to compel the specific performance of an agreement to renew a lease for a period of ten years.
In November, 1889,.one Mary Eebecca Armfield executed and delivered to the plaintiffs a lease of three lots of land belonging to her on the easterly side of Kent avenue, in the city of Brooklyn, for a period of ten years, at an annual rental of $1,200.00 per year. The lease contained a covenant that the lessees should be entitled to a further demise of the premises for an additional term of ten years from November 1st, 1899, provided that they gave notice of their desire to…
2Cases cited1 opinion
- Mutual Life Ins. Co. v. . HuntNew York Court of Appeals · 1880
3Cited by43 opinions
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- Sengstack v. SengstackNew York Court of Appeals · 1958
- Matter of FletcherNew York Court of Appeals · 1924
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Mutual Life Ins. Co. v. . StephensNew York Court of Appeals · 1915
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