Ward v. Kelsey
New York Supreme Court
APPEAL from a judgment rendered at the circuit, on the verdict of a jury. In September, 1858, the defendant, by a lease made between him and the" plaintiffs, under their hands and seals,' respectively, demised to the plaintiffs certain premises in Brooklyn, consisting of warehouses, together with the improvements thereon, and the pier extending into the East river, in front thereof, for the term of ten years, from the 1st day of February, 1859, at a certain rent therein…
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APPEAL from a judgment rendered at the circuit, on the verdict of a jury. In September, 1858, the defendant, by a lease made between him and the" plaintiffs, under their hands and seals,' respectively, demised to the plaintiffs certain premises in Brooklyn, consisting of warehouses, together with the improvements thereon, and the pier extending into the East river, in front thereof, for the term of ten years, from the 1st day of February, 1859, at a certain rent therein specified. And the defendant, in and by said lease, agreed that he would do all necessary repairs upon said premises and…
1Opinion of the Court
By the Court,
Lott, J.
It was provided by the lease, referred to in the complaint, that the defendant should do all necessary repairs upon the demised premises within a reasonable time after notice to him by the plaintiffs requiring him so to do; and the plaintiffs were entitled to recover from the defendant all moneys expended by them in making such repairs upon the neglect of the defendant to make the same after due notice. But I am of opinion that the learned *584justice, before whom the case was tried, erred in allowing evidence to be given as to damages sustained by the plaintiffs while the…
2Cited by2 opinions
- Campbell v. PorterAppellate Division of the Supreme Court of the State of New York · 1899
- White v. ThurberNew York Supreme Court · 1890