Pharis v. . Gere
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department made April —, 1885, which reversed a judgment in favor of plaintiff, entered upon a verdict and granted a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department made April —, 1885, which reversed a judgment in favor of plaintiff, entered upon a verdict and granted a new trial. The nature of the action and the material facts are stated in the opinion. The pretended lease from the plaintiff to the salt company was delivered conditionally as a mere escrow; the condition .of its delivery to the company was never complied with; it was never delivered to it by plaintiff’s consent, and it, therefore, failed to operate as a conveyance of the plaintiff’s title. (Smith…
1Opinion of the CourtFinch, J.
This action was brought to recover damages for a forcible detainer of two salt blocks, identified in the evidence as numbers 22 and 23. The plaintiff had a verdict, which the General Term has reversed. On the trial the court was asked to charge that there was no evidence of a forcible detainer of block 23. The request was refused and an exception taken to the refusal, and it is upon that exception that the appellate court, so far as its opinion indicates, founded its order for a new trial. We are not contented with that decision. The argument at the bar, and a deliberate study of the proofs,…
2Cited by13 opinions
- Fults v. . MunroNew York Court of Appeals · 1911
- Campbell v. BradburyCalifornia Supreme Court · 1918
- Markun v. WecksteinAppellate Terms of the Supreme Court of New York · 1917
- Bach v. NewAppellate Division of the Supreme Court of the State of New York · 1897
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1897
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