Menard v. Stevens
The Superior Court of New York City
Appeal from a judgment. In May, 1876, an agreement in writing was made by the parties to this action, by which the plaintiff agreed for the term of three years to take charge of a kitchen and restaurant, in a house owned by the defendant ; in consideration of which the defendant agreed to let the plaintiff occupy and use the kitchen, room for a restaurant and other rooms in the house, with the privilege to the plaintiff to keep for his own profit a first-class restaurant and…
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Appeal from a judgment. In May, 1876, an agreement in writing was made by the parties to this action, by which the plaintiff agreed for the term of three years to take charge of a kitchen and restaurant, in a house owned by the defendant ; in consideration of which the defendant agreed to let the plaintiff occupy and use the kitchen, room for a restaurant and other rooms in the house, with the privilege to the plaintiff to keep for his own profit a first-class restaurant and dining-room, for the tenants of the house ; the plaintiff was to keep the rooms used by him clean and in good order; to…
1Opinion of the Court
By the Court.—Sedgwick, J.
There was no motion to dismiss the complaint, on the ground that the testimony did not prove any cause of action, nor was there any request that the judge direct the jury to find for the defendant on the whole case, nor was there any motion for a new trial upon a case. A motion for new trial was madb upon the minutes. It specified no ground, and the order denying it was not appealed from. We are, therefore, confined to an examination of the exceptions taken by the defendant.
The plaintiff, as witness for himself, was asked: “ Tell us, in round numbers, about how much…
2Cases cited2 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- Marquart v. La FargeThe Superior Court of New York City · 1856