May v. Strauss
New York City Court
Appeal from an order granting a new trial, on the ground of newly-discovered evidence. The action was brought by Moses May against Bernard Strauss. The plaintiff sought to recover S3,460.84, rent of premises which had been occupied by the defendant, according to the terms of a lease granted to him by the plaintiff. The lease was admitted on the trial.
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Appeal from an order granting a new trial, on the ground of newly-discovered evidence. The action was brought by Moses May against Bernard Strauss. The plaintiff sought to recover S3,460.84, rent of premises which had been occupied by the defendant, according to the terms of a lease granted to him by the plaintiff. The lease was admitted on the trial. The defendant sought to show that during the term and ■on the occasion of his selling out his interest in the business, the plaintiff consented to look to the purchaser, the new tenant, for the rent, and discharged the ■defendant, assuring him…
1Opinion of the Court
Neilson, Ch. J.
[After stating the facts as above.]—The defendant was seeking to be relieved from the *278performance of his covenant. The evidence of the arrangement set up, tending to prove a release from his obligation, a substitution of tenants, appears to have been in part oral, in part written, the same as to time, place and purpose, the whole bound up as in a single sheaf; and the non-existence of the written part was, to say the least of it, a vital discovery. It would seem, therefore, that the learned judge might well have been strongly impressed with the equitable character of the…
2Cases cited2 opinions
- Powell v. JonesNew York Supreme Court · 1863
- Wehrkamp v. WilletNew York Court of Common Pleas · 1860
3Cited by3 opinions
- Whitney v. SaxeCity of New York Municipal Court · 1888
- Continental Insurance v. HillmerSupreme Court of Kansas · 1889
- Hossley v. ColerickNew York Supreme Court · 1886