Legal Opinion
Bryant v. Auchmuty
Appellate Terms of the Supreme Court of New York
Decided May 18, 1911PublishedCited by 3 opinions
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Mary S. M. Bryant against Filen S. Auchmuty. From a judgment dismissing the complaint at the close of plaintiff’s case, plaintiff appeals.
1Opinion of the CourtSeabury, J.
The defendant is the owner of an apartment house in which the plaintiff’s husband hired an apartment. There were four storerooms in the house, which were used in common by all the tenants. In May, 1907, the plaintiff delivered a trunk to the agent of the defendant, and the trunk was placed in one of the storerooms. When the plaintiff asked for her trunk on September 27, 1910, it could not be found.
The lease contained the following clause:
“The landlord shall not be responsible to any tenant for any loss of property from said leased premises, nor damage done to furniture or effects belonging to…
2Cases cited2 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
3Cited by3 opinions
- Bryant v. AuchmutyAppellate Terms of the Supreme Court of New York · 1912
- International Film Traders v. ShapiroAppellate Terms of the Supreme Court of New York · 1914
- Slaughter v. LevyMissouri Court of Appeals · 1924