Aberle v. Fajen
The Superior Court of New York City
Appeal by the plaintiff from a judgment entered upon a verdict in defendant’s favor, and from an order denying a motion for a new trial. The action is to recover damages for the removal of two partitions in the rear of a store, eight feet eight inches wide, occupied by the defendant as a tenant under a letting from a former owner, and converting the materials.
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Appeal by the plaintiff from a judgment entered upon a verdict in defendant’s favor, and from an order denying a motion for a new trial. The action is to recover damages for the removal of two partitions in the rear of a store, eight feet eight inches wide, occupied by the defendant as a tenant under a letting from a former owner, and converting the materials. The defendant answers that such acts were by plaintiff’s consent and permission, and were a benefit to the building and the plaintiff.
1Opinion of the Court
By the Court.—Curtis, Ch. J.
There was a conflict of testimony between the witnesses, as to whether the replacing of the partitions, and the restoration of the building to its former condition, would cost $35 or $90. The defendant claimed that his change was a benefit to the plaintiff.
Henry Immen, from whom the plaintiff received a *222deed of the building April 25, 1874, testified that about February, 1874, he let the premises to the defendant, who had possession under the lease when the building was conveyed to the plaintiff, and has since continued in such possession. He also states, that he,…
2Cases cited3 opinions
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Ex parte BailyNew York Supreme Court · 1824
- Devendorf v. WertNew York Supreme Court · 1864