Morton v. Cameron
The Superior Court of New York City
The action was to recover damages for injury to a house and furniture. In July, 1858, the plaintiff leased to the defendant a furnished house for the term of nine and a half months.
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The action was to recover damages for injury to a house and furniture. In July, 1858, the plaintiff leased to the defendant a furnished house for the term of nine and a half months. By the lease the defendant agreed to pay all damage or abuse to house and furniture, &c. which might occur to or on the premises and furniture while in his possession, whether caused by himself, family, servants, &c. from neglect or otherwise, reasonable use and wear thereof, and damages by the elements excepted. It was mutually agreed that Thomas D. Hughes, Jr. should determine, at the expiration of the lease,…
1Opinion of the CourtMonell, J.
The theory of the charge was, that unless the jury should find that notice of the time and place of the appraisement was given to the defendant, the plaintiff could not recover. In other words, that the only cause of action upon which the plaintiff could in any event recover, was the award made by Hughes, the chosen appraiser.
If notice of the time and place of the appraisement was necessary, there was sufficient conflict of evidence to render it *191proper to submit that question to the jury. Under the view of the learned justice, notice was necessary, and if it was not given, the appraisement…
2Cases cited5 opinions
- Haggart v. . MorganNew York Court of Appeals · 1851
- Brady v. Mayor of BrooklynNew York Supreme Court · 1847
- Mayor of New-York v. ButlerNew York Supreme Court · 1847
- Hart v. LaumanNew York Supreme Court · 1859
- Hays v. HaysNew York Supreme Court · 1840
3Cited by1 opinion
- DeGroot v. Fulton Fire InsuranceThe Superior Court of New York City · 1867