Tower v. Blessing
Appellate Division of the Supreme Court of the State of New York
Appeal from Albany county court. Action by Franklin D. Tower against Edward McC. Blessing. From a judgment of the county court affirming a judgment of the city court of Albany in favor of the defendant, plaintiff appeals. Appeal by the plaintiff from a judgment of the county court of Albany county, entered in the clerk’s office of that county on March 20, 1900, affirming a judgment of the city court of Albany entered upon the verdict of a jury in favor of the defendant.
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Appeal from Albany county court. Action by Franklin D. Tower against Edward McC. Blessing. From a judgment of the county court affirming a judgment of the city court of Albany in favor of the defendant, plaintiff appeals. Appeal by the plaintiff from a judgment of the county court of Albany county, entered in the clerk’s office of that county on March 20, 1900, affirming a judgment of the city court of Albany entered upon the verdict of a jury in favor of the defendant. On February 10, 1893, the plaintiff leased his farm in Albany county to the defendant for five years from April 1, 1893, at…
1Opinion of the CourtEdwards, J.
Although it is not difficult to see how the county court, upon a review of the evidence relating to the defendant’s counterclaims allowed by the jury, might have arrived at a conclusion different from that reached by the jury, yet, with the exception of the one for use and occupation, we cannot say that there is no evidence to support them; and, if there was such evidence, it was not permissible for the county court to reverse the judgment as against the weight of evidence. Ludlum v. Couch, 10 App. Div. 604, 42 N. Y. Supp. 370; Clark v. Daniels, 29 App. Div. 600, 51 N. Y. Supp. 177;…
2Cases cited5 opinions
- Collyer v. . CollyerNew York Court of Appeals · 1889
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Northridge v. AstaritaAppellate Division of the Supreme Court of the State of New York · 1900
- Clark v. DanielsAppellate Division of the Supreme Court of the State of New York · 1898
- Clark v. DanielsAppellate Division of the Supreme Court of the State of New York · 1898