Myers v. Burns
New York Supreme Court
TAMES MYEBS, the plaintiff, prosecuted this action el against the defendant James L. Burns, who was his tenant of certain premises in the city of Brooklyn, to recover $1000, "balance of a quarter’s rent due on the 1st of August, 1858. The lease hears date on the 28th May, 1856, and was made he-tween Eufus Litchfield and John Ketchum of the first part, and Edwin F. Chase and George F. Whitney of the second part, for the term of eight years and five months from the 1st day of…
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TAMES MYEBS, the plaintiff, prosecuted this action el against the defendant James L. Burns, who was his tenant of certain premises in the city of Brooklyn, to recover $1000, "balance of a quarter’s rent due on the 1st of August, 1858. The lease hears date on the 28th May, 1856, and was made he-tween Eufus Litchfield and John Ketchum of the first part, and Edwin F. Chase and George F. Whitney of the second part, for the term of eight years and five months from the 1st day of June ensuing the date, reserving rent, to wit, $6000 for the first five months of the term, and $8000 for each of the…
1Opinion of the Court
By the Court,
Brown, J.
The questions involved are those raised and presented by the exceptions taken to the *403charge of the judge, and I shall proceed to examine them,briefly, in the order in which they are presented on made by the appellant, The judge charged the juryxin the second paragraph, that “ the defendant was entitled to rékevef" of the plaintiff, as a counter-claim, the damages which he had sustained by reason of the loss of the rooms specified in the answer, so far as caused by a defect in the flues of the chimney, without reference to the cause of the defect; and. that the fair value…
2Cited by9 opinions
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- Fowler v. PayneMississippi Supreme Court · 1873
- Cook v. SouleNew York Supreme Court · 1873
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