Stephens v. . Ely
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 12, 1897, affirming a judgment in favor of defendants entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 12, 1897, affirming a judgment in favor of defendants entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in admitting testimony “ with a view of ascertaining whether or not the entire agreement of the parties was reduced to writing ” after the written lease and the correspondence of the parties in relation thereto had been offered and received in…
1Opinion of the Court
Parker, Ch. J.
When the defendants left tlio premises, which they had occupied for a number of years as tenants of the plaintiff, they took with them certain fixtures, the value of which the plaintiff seeks to recover in this action.
In August, 1887, the first lease of the premises was executed, the term to begin September first, 1887, and to end May first, 1889. • The defendants entered into possession, using the premises as a boarding school for young ladies. In a very short time thereafter some of the pupils became ill, an investigation of the condition of the plumbing followed, and the…
2Cases cited2 opinions
- Loughran v. . RossNew York Court of Appeals · 1871
- Talbot v. . CrugerNew York Court of Appeals · 1896
3Cited by10 opinions
- Gangi v. . FradusNew York Court of Appeals · 1920
- Brooklyn Waterfront Terminal Corp. v. United StatesUnited States Court of Claims · 1950
- Merrell v. GarverIndiana Supreme Court · 1913
- Precht v. . HowardNew York Court of Appeals · 1907
- In re Long Beach Land Co.Appellate Division of the Supreme Court of the State of New York · 1905
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