Tham v. Carroll
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martha Tham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 6th day of June, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Erie Trial Term.
1Opinion of the Court
Spring, J.:
The plaintiff, the assignee of Anton Tham, the tenant of the defendant’s farm in the town of Clarence, Erie county, has brought this action to- recover damages for the conversion of a quantity of wheat and rye. Tham leased the farm of the defendant and entered into possession April 1, 1906, at a rental of $450 per year, payable semi-annually at the end of each six months.
At the time the lease was made Carroll Brothers were operating a quarry, as the lessee knew, on a part of the leased premises, and its further development would inevitably interfere, to some extent, with the…
2Cases cited3 opinions
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Gregg v. BoydNew York Supreme Court · 1893
- Kent v. WardAppellate Terms of the Supreme Court of New York · 1908