Wilson v. Martin
Court for the Trial of Impeachments and Correction of Errors
Error to the New-York C. P. Martin sued Wilson in the court below in assumpsit upon a special contract, and the case, as proved by the plaintiff’s daughter, was this: the plaintiff keeps a boarding house in the city of New-York, and on the 17th or 18th day of April, 1839, the defendant agreed to take rooms and board for himself and family in the plaintiff's house from the first day of May then next until the first day of May," 1840. The defendant ivas to pay $17 per week for…
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Error to the New-York C. P. Martin sued Wilson in the court below in assumpsit upon a special contract, and the case, as proved by the plaintiff’s daughter, was this: the plaintiff keeps a boarding house in the city of New-York, and on the 17th or 18th day of April, 1839, the defendant agreed to take rooms and board for himself and family in the plaintiff's house from the first day of May then next until the first day of May," 1840. The defendant ivas to pay $17 per week for the rooms, and $22 per week for the board. When the defendant was absent $7,5Q per week was to be deducted from the…
1Opinion of the Court
By the Court, Bronson, J. (a)
The court below seems to have gone upon the ground, that the jury was at liberty to treat the arrangement between the parties as constituting two distinct and independent contracts; one for the letting and hiring of rooms in the plaintiff’s house, and the other for board: and under the instructions which the jury received, they may have found for the plaintiff, although they were perfectly satisfied, from the evidence, that the defendant was fully justified in leaving the house, for the reason that he was not provided with proper board. I am, wholly unable to see…
2Cases cited2 opinions
- Shannon v. ComstockNew York Supreme Court · 1839
- Drummond v. A. & N. BurrellNew York Supreme Court · 1835
3Cited by35 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- City of Worcester v. College Hill Properties, LLCMassachusetts Supreme Judicial Court · 2013
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. Lynchburg Young Men's Christian Ass'nSupreme Court of Virginia · 1914
- Fall v. HazelriggIndiana Supreme Court · 1874
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