Damb v. Hoffman
New York Court of Common Pleas
This action was for rent, and was founded upon an agreement written beneath a lease from the plaintiff to one Ettinger, in which agreement the defendant, in consideration of the letting and of one dollar, became “ surety for the punctual payment of the rent and performance of the covenants in the foregoing lease mentioned to be paid and performed by S. Ettinger,” and agreed, “ if any default should be made therein, to pay unto Lewis Damb (the plaintiff) such sums or sum of…
Read the full summary
This action was for rent, and was founded upon an agreement written beneath a lease from the plaintiff to one Ettinger, in which agreement the defendant, in consideration of the letting and of one dollar, became “ surety for the punctual payment of the rent and performance of the covenants in the foregoing lease mentioned to be paid and performed by S. Ettinger,” and agreed, “ if any default should be made therein, to pay unto Lewis Damb (the plaintiff) such sums or sum of money as shall be sufficient to. make up such deficiency and fully satisfy the conditions of the said lease ”—among which…
1Opinion of the CourtBy the Court. Woodruff, J.
The return in this case is so loose and indefinite that it is impossible for us to learn therefrom how much of what it contains was given in evidence or proved, or what was admitted by the parties. The counsel for the appellant, in his notice of appeal and in his argument, complains of the rejection of his evidence, and yet by the return, what he alleges as evidence rejected, appears to have been admitted. It is set down in the return as a fact admitted by the parties.
So, also, a statement follows the reading of the lease in evidence, which exhibits the amount of rent payable on the 1st of…
2Cases cited3 opinions
- Jackson v. RobinsNew York Supreme Court · 1819
- Smith v. NiverNew York Supreme Court · 1848
- Ruggles v. HoldenNew York Supreme Court · 1829