Talamo v. . Spitzmiller
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made ¡November 10, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. The • nature of the action and the facts are sufficiently stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made ¡November 10, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. The • nature of the action and the facts are sufficiently stated in the opinion. The plaintiff Talamo was a co-lessee with the defendant Spitzmiller, of the Oak street house, and as such was liable to the defendant for one-half of the rent for the whole term of five years, which has been paid by the defendant (Van Schaick v. T. A. R. R. Co., 38 N. Y.…
1Opinion of the CourtBradley, J.
The action was brought to recover the proceeds of the sale made by the defendant of the plaintiff’s goods. The defendant admits his liability to account to the plaintiff for the proceeds of such sale, and alleges several matters by way of counter-claim, which will be referred to so far as is essential to the determination of the questions presented for consideration on this review. The trial court found that on March 13, 1882, by an agreement of lease in writing under seal, made by Gatharine Diclcman and defendant, she leased to him a dwelling-house for the term of five years from May 1,…
2Cases cited4 opinions
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Coudert v. . CohnNew York Court of Appeals · 1890
- Barlow v. WainwrightSupreme Court of Vermont · 1849
- People ex rel. Martin v. BrownNew York Court of Appeals · 1873
3Cited by32 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Williams v. Apothecaries Hall Co.Supreme Court of Connecticut · 1908
- Falck v. BarlowCourt of Appeals of Maryland · 1909
- Johnson v. AlbertsonSupreme Court of Minnesota · 1892
- Centennial Brewing Co. v. RouleauMontana Supreme Court · 1914
27 more not listed; retrieve them via the Exa API.