Willes v. Loomis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stoel W. Loomis, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 17th day of January, 1903, upon the report of a referee appointed to sell the property sought to be partitioned in the above-entitled action, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 5th day of April, 1902,…
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Appeal by the defendant, Stoel W. Loomis, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 17th day of January, 1903, upon the report of a referee appointed to sell the property sought to be partitioned in the above-entitled action, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 5th day of April, 1902, upon the report of a referee appointed to hear and deter mine-the issues in the action. The action was commenced on the…
1Opinion of the Court
McLennan, P. J.:
The only question raised by the pleadings or upon the trial was as to the value of the rental of the premises described in the complaint and the share of such rental, if any, which should be charged to the defendant Stoel Loomis, and what proportion, if any, should be charged to the defendants Rachael B. Loomis and Jay Loomis.
There were situated upon the premises three buildings and several sheds. One building was used for a paint shop and show room; another for a blacksmith and woodworking shop, underneath which was an oil cellar, and the third building was a dwelling house.…
2Cases cited1 opinion
- Wood v. . PhillipsNew York Court of Appeals · 1870
3Cited by3 opinions
- In re the Estate of HazleyNew York Surrogate's Court · 1938
- Burchell v. BurchellNew York Supreme Court · 1916
- Seeds v. SeedsAppellate Division of the Supreme Court of the State of New York · 1985