Kirchner v. New Home Sewing MacHine Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial, and also affirmed an order denying a motion for treble damages. This action was brought to recover damages for certain alleged trespasses. The court erred in its charge to the jury in respect to the release.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial, and also affirmed an order denying a motion for treble damages. This action was brought to recover damages for certain alleged trespasses. The court erred in its charge to the jury in respect to the release. (Stearns v. Tarppin, 5 Duer, 294; McCrea, v. Purmont, 16 Wend. 473; Acker v. Phoenix, 4 Paige, 307.) Even assuming that…
1Opinion of the CourtMaynard, J.
The plaintiff alleges, as the grounds of his cause of action, a forcible eviction by the defendant from premises occupied by him as a store, at 282 Grand street, Brooklyn, December 3, 1887, and a forcible detention of the premises from him until February 8, 1888, and the injury to his stock of goods, fixtures, machinery, and other personal property in the store at the time defendant took possession, which were either removed, destroyed, or seriously damaged by the acts of the officers and agents of the defendant. He also claims that his business was broken up by this unlawful interference by…
2Cases cited5 opinions
- Bryce v. . Lorillard Fire Ins. Co.New York Court of Appeals · 1873
- Pierson v. HookerNew York Supreme Court · 1808
- Jackson v. StackhouseNew York Supreme Court · 1823
- Meyer v. . LathropNew York Court of Appeals · 1878
- Kirchner v. New Home Sewing-Machine Co.New York Supreme Court · 1891
3Cited by107 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Vines v. General Outdoor Advertising Co.Court of Appeals for the Second Circuit · 1948
- Gilbert v. RothschildNew York Court of Appeals · 1939
- Lucio v. CurranNew York Court of Appeals · 1956
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