Daly v. . Wise
New York Court of Appeals
X-pueat, from judgment of the General Term of the Court «September 27,1888, the litigants entered into a written lease ¡by which the plaintiff let to the defendant- an unfurnished dwelling, known as 334 West Fifty-eighth street, in the city of New York, for one year from October 15, 1888, for $1,800, payable $150 October 15,1888, and a like sum on the fifteenth day of each succeeding month.
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X-pueat, from judgment of the General Term of the Court «September 27,1888, the litigants entered into a written lease ¡by which the plaintiff let to the defendant- an unfurnished dwelling, known as 334 West Fifty-eighth street, in the city of New York, for one year from October 15, 1888, for $1,800, payable $150 October 15,1888, and a like sum on the fifteenth day of each succeeding month. The lease contained no covenant in respect to the then condition of the house, nor that the lessor should put or keep it in repair. November 15, 1888, the defendant began to occupy the premises, paid the…
1Opinion of the Court
Follett, Ch. J.
In case neither party requests to have any question of fact submitted to the jury, but each asks that a verdict be directed in his favor, the court is authorized to determine the fact in issue, and upon appeal the disputed facts are deemed to have been determined in favor of the party for whom the verdict is directed. (Kirtz v. Peck, 113 N. Y. 222; Dillon v. Cockcroft, 90 id. 649; Provost v. McEncroe, 102 id. 650.) This case must be determined upon the theory that all the disputed facts have been found in favor of the plaintiff.
In case the whole of an unfurnished dwelling is…
2Cases cited5 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Franklin v. . BrownNew York Court of Appeals · 1889
- Cesar v. . KarutzNew York Court of Appeals · 1875
- Wallace v. LentNew York Court of Common Pleas · 1865
3Cited by40 opinions
- National Conversion Corp. v. Cedar Building Corp.New York Court of Appeals · 1969
- Sigua Iron Co. v. GreeneCourt of Appeals for the Second Circuit · 1898
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Perma Research & Development Co. v. Singer Co.District Court, S.D. New York · 1975
- Gould v. . SpringerNew York Court of Appeals · 1912
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