Legal Opinion

Oliver v. Moore

New York Supreme Court

Decided December 29, 1890PublishedCited by 6 opinions

Appeal from circuit court, New York county. Action by Margaret A. Oliver against John L. Moore, executor of Harriet -Gross, deceased. Defendant having died pending the action, William L. Moore, as administrator with the will annexed of Harriet Gross, was substituted as defendant. Said defendant appeals from a judgment for plaintiff entered on a verdict, and from an order denying a motion for a new’trial.

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Appeal from circuit court, New York county. Action by Margaret A. Oliver against John L. Moore, executor of Harriet -Gross, deceased. Defendant having died pending the action, William L. Moore, as administrator with the will annexed of Harriet Gross, was substituted as defendant. Said defendant appeals from a judgment for plaintiff entered on a verdict, and from an order denying a motion for a new’trial. For the decision on exceptions taken at a previous trial, see 6 N. Y. Supp. 413.

1Opinion of the CourtVan Brunt, P. J.

This action was brought by a boarding-housekeeper to recover under an agreement to let certain rooms, with board. The facts, as they appeared upon the trial, were as follows: In 1884 the plaintiff, who occupied a bouse No. 675 Fifth avenue, entered into a sealed agreement, whereby she agreed to let Harriet Gross two rooms in the third story of her house for the term of eight and one-half months from October then next, at a rate of $2,725, to be paid in weekly portions of $75 each, beginning on October 1st; and also that she would furnish suitable food for the said Harriet Gross, in a suitable…

2Cited by6 opinions

  1. Myers v. MyersAppellate Division of the Supreme Court of the State of New York · 1903
  2. James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
  3. Lawson v. Wells Fargo & Co.Appellate Terms of the Supreme Court of New York · 1908
  4. Scheuer v. ManashawCity of New York Municipal Court · 1912
  5. Hoe v. HoeyCity of New York Municipal Court · 1891

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