Fitch v. Armour
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Benjamin Fitch against Paul .J. Armour upon the covenants of a written lease. Plaintiff appeals from a judgment entered on verdict for defendant, and from order denying plaintiff’s motion for new trial made upon the minutes.
1Per curiam
The action was by the plaintiff as landlord to recover from the defendant as tenant upon the covenants of a written lease. It is not expedient to state in detail the defense as it appeared by the answer. Certain objections are taken on the appeal to the sufficiency of the answer to uphold certain defenses on which the defendant in fact prevailed on the trial, and in its omission to set up affirmative matter of which on the trial the defendant had the benefit. In the course of the testimony no objection was taken on the ground of the insufficiency of the answer, and when the case went to the…
2Cases cited1 opinion
- Tallman v. . MurphyNew York Court of Appeals · 1890
3Cited by2 opinions
- Everson v. AlbertMichigan Supreme Court · 1933
- Levine v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903