Brown v. DeGraff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Brown, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 13th day of February, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Cochrane, J.:
The plaintiff alleges in his complaint that on August 5, 1915, the defendant leased to him a bam for the purpose of storing roofing slate at the monthly rental of eight dollars, and that he took possession of and has since continuously used and occupied the premises and paid the rent therefor, and that about August 22, 1916, the barn was entirely *178destroyed by fire; that the defendant agreed to construct in place of said barn a storehouse of sufficient capacity and strength to hold at least three carloads of roofing slate “ on condition that the plaintiff would lease the same for…
2Cases cited10 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Wilson v. . DeenNew York Court of Appeals · 1878
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- Clenighan v. McFarlandNew York Court of Common Pleas · 1890
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3Cited by2 opinions
- Potter v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Griscti v. Mortgage CommissionAppellate Division of the Supreme Court of the State of New York · 1936