Mulligan v. Fioravera

The plaintiffs appeal from a judgment entered upon the report of a referee appointed to hear and determine, which dismissed the complaint and granted the defendant judgment upon the counterclaim. The defendant also appeals upon the ground that the damages awarded upon the counterclaim are inadequate. The facts out of which this controversy arises briefly are as follows:

By mesne assignments the defendant, on or about May 6, 1927, came into the possession of certain premises which plaintiff Eugene R. Mulligan, by a lease in writing, had demised to one Schwartz for a term of nine years and nine…