Lathers v. Hunt
New York Court of Common Pleas
Appeal from eleventh district court. Action by Richard Lathers against Jacob H. Hunt for rent. Defendant, to secure payment of the rent, had executed to plaintiff a chattel mortgage on certain furniture in the demised premises. On defendant removing from the premises, and abandoning the furniture, plaintiff took possession of and took care of it.
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Appeal from eleventh district court. Action by Richard Lathers against Jacob H. Hunt for rent. Defendant, to secure payment of the rent, had executed to plaintiff a chattel mortgage on certain furniture in the demised premises. On defendant removing from the premises, and abandoning the furniture, plaintiff took possession of and took care of it. Defendant’s answer set up that he was discharged thereby from all obligation for the rent, and also set up a counter-claim for damages suffered by reason of plaintiff’s taking and using the furniture. Plaintiff appeals from a judgment for defendant.…
1Per curiam
Twice has this case been here on appeals by the defendant, and it is again before us on substantially the same state of facts. On the former occasions the law of the case was clearly "and fully propounded for the guidance of the court below; by Bisohoff and Daly, JJ., 9 N. Y. Supp. 494, and by Bookstaver, J., 10 N. Y. Supp. 529. At the trial under review the only development, if any, to vary the case was evidence of alleged injury to the furniture; but we are of opinion that such evidence was insufficient in law to fix the plaintiff with liability. Judgment reversed, and new trial, costs to…
2Cases cited2 opinions
- Lathers v. HuntNew York Court of Common Pleas · 1890
- Lathers v. HuntNew York Court of Common Pleas · 1890