Whitney v. . Allaire
New York Court of Appeals
Whitney sued "Allaire in covenant for rent, in the superior court of the city of New-York. On the first trial, the charge of the court upon the question raised was favorable to the plaintiff, and a verdict was had and judgment rendered for the amount of rent claimed. That judgment was reversed by the supreme court, on error brought, and a new trial ordered. (See 1 Sill, 484.) On another trial, the verdict and judgment of the superior court were in favor of the defendant.
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Whitney sued "Allaire in covenant for rent, in the superior court of the city of New-York. On the first trial, the charge of the court upon the question raised was favorable to the plaintiff, and a verdict was had and judgment rendered for the amount of rent claimed. That judgment was reversed by the supreme court, on error brought, and a new trial ordered. (See 1 Sill, 484.) On another trial, the verdict and judgment of the superior court were in favor of the defendant. The plaintiff, having made a bill of exceptions, brought error into the supreme court, where the judgment was affirmed. The…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The first exception to the admissibility of any evidence to establish the fraud, is sought to be sustained upon two grounds: 1. That the fraud relates to the title to lands. 2. Because the matters given in evidence are not embraced within the lease; as the plaintiff did not demise the wharf, but expressly limited it to his right to…
2Cases cited1 opinion
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1827
3Cited by52 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Cayuga Harvester, Inc. v. Allis-Chalmers Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Hines v. BrodeCalifornia Supreme Court · 1914
- Judd v. WalkerSupreme Court of Missouri · 1908
- Pryor v. . FosterNew York Court of Appeals · 1891
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