Owen v. Boerum
New York Supreme Court
MOTION for a new trial, upon a case. The complaint alleged that on the 20th of November, 1850, the defendant let and demised to the plaintiff, for the term of two years, a certain grapery and hot-houses, with their contents, belonging to the defendant, at Flushing, upon certain terms and conditions particularly specified in a written agreement between the parties, of the date above mentioned.
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MOTION for a new trial, upon a case. The complaint alleged that on the 20th of November, 1850, the defendant let and demised to the plaintiff, for the term of two years, a certain grapery and hot-houses, with their contents, belonging to the defendant, at Flushing, upon certain terms and conditions particularly specified in a written agreement between the parties, of the date above mentioned. The plaintiff alleged that he entered into possession of the demised premises at the date of the agreement, and continued in the possession thereof until he was wrongfully dispossessed by the defendant;…
1Opinion of the Court
By the Court, Emott, J.
There is no sufficient objection to the award on which the judge directed the verdict for the defendant. The submission embraced the settlement not only of the accounts bétween the parties, but of all claims of each upon the other. The disputes between them at that time, as far as we can see, all grew out of their agreement in respect to'the green houses and the cultivation of the plants which are the subject of the present suit. From this resulted finally claims as to the ownership of the plants «fee., which might be regarded in different aspects, either as claims for…
2Cases cited3 opinions
- Wheeler v. Van HoutenNew York Supreme Court · 1815
- Fidler v. CooperNew York Supreme Court · 1838
- Waite v. BarryNew York Supreme Court · 1834
3Cited by6 opinions
- Cochran v. BartleSupreme Court of Missouri · 1887
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Knowlton v. MicklesNew York Supreme Court · 1859
- Ryder v. JennyThe Superior Court of New York City · 1864
- Gutwirth v. Carewell Trading Corp.New York Supreme Court · 1959
1 more not listed; retrieve them via the Exa API.