Deyo v. Bleakley
New York Supreme Court
APPEAL by the defendant from a judgment entered at a special term, after a trial at the circuit, before a justice of the court, without a jury. The action was brought to recover the value of a quantity of brick taken by the defendant from premises occupied by the plaintiffs.
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APPEAL by the defendant from a judgment entered at a special term, after a trial at the circuit, before a justice of the court, without a jury. The action was brought to recover the value of a quantity of brick taken by the defendant from premises occupied by the plaintiffs. The defendant leased certain premises at Verplanck, in Westchester county, for brick making purposes, to Aaron and Isaac Mackey, by lease, dated January 25th, 1853, “ from the 1st day of April next, for and during and until the full end and term of five years, thence next ensuing, and fully to be completed and ended,…
1Opinion of the Court
By the Court, Birdseye, J.
There are few subjects upon which greater diversity of opinion has prevailed than in regard to the manner in which time should be computed, in the case of a.contract like the lease in question in this action. The nature of the conflict that existed for a very long time upon the subject, clearly appears from the review of the previous cases made by Lord Mansfield, in Pugh v. The Duke of Leeds, in Cowper, 714. The true rule was undoubtedly laid down in that case, that the word “from” a day, may either include or exclude that day, according to the context and subject…
2Cited by8 opinions
- McGlynn v. MooreCalifornia Supreme Court · 1864
- Buchanan v. . WhitmanNew York Court of Appeals · 1896
- Castleman v. Du ValCourt of Appeals of Maryland · 1899
- Smathers v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Buchanan v. WhitmanNew York Supreme Court · 1894
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