Mason v. Breslin
The Superior Court of New York City
This case was tried before Mr. Justice Monell and a jury. The action was brought to recover a balance for rent due upon a lease under seal. The defendant Breslin, by separate answer, denied each and every allegation contained in the complaint.
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This case was tried before Mr. Justice Monell and a jury. The action was brought to recover a balance for rent due upon a lease under seal. The defendant Breslin, by separate answer, denied each and every allegation contained in the complaint. Upon the trial it appeared, before plaintiff rested his case, that the lease bore date the 17th day of October, 1868, and was executed by the plaintiff to the defendants, Thomas J. Stevens and Moses Isles; that the term was to commence on the 20th day of October, 1868, and to end on the 1st day of May, 1872. It further appeared that subsequently…
1Opinion of the Court
By the Court:
Freedman, J.
It has been settled by a long series of decisions that there are but two cases in which the proceedings upon a trial before a court and jury can be reviewed at a General Term in the first instance, before judgment.
One is where the unsuccessful party desires to move for a new trial upon exceptions taken by him upon the trial, and the judge directs that such motion upon said exceptions be heard in the first instance at a General Term, and that the entry of judgment be suspended until the decision of the General Term. In such case the exceptions must be there heard in…
2Cases cited19 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- EXECUTORS OF McDONOGH v. MURDOCHSupreme Court of the United States · 1854
- State of Missouri v. State of IowaSupreme Court of the United States · 1851
- Thomas v. . DickinsonNew York Court of Appeals · 1855
- Quackenboss v. ClarkeNew York Supreme Court · 1834
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3Cited by4 opinions
- Dickson v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Atwood v. LynchThe Superior Court of New York City · 1874
- Briggs v. PartridgeThe Superior Court of New York City · 1875
- Westervelt v. WesterveltThe Superior Court of New York City · 1880