Gould v. . Springer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 21, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. On the sixth of January, 1908, this action was commenced by the owners of a building known as the Grand Opera House in the city of New T irk, to recover damages from their lessee for the alleged breach by him of certain covenants in the lease.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 21, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. On the sixth of January, 1908, this action was commenced by the owners of a building known as the Grand Opera House in the city of New T irk, to recover damages from their lessee for the alleged breach by him of certain covenants in the lease. The covenants regarded by the parties as material are as follows: “ 10. And it is expressly agreed that should the Fire, Building or…
1Opinion of the CourtVann, J.
No recovery was permitted for the expense of furnishing new carpets or new chairs, but the verdict was confined to the reasonable cost of repairing certain old chairs and interest on the amount. By the consent of both parties this question was submitted to the court for determination as one of fact and law, and the verdict directed under these circumstances decided all questions of fact involved in favor of the plaintiffs. It was, therefore, found that the chairs in question were repaired within the meaning of the lease, and that what was done to them was neither an alteration' nor an…
2Cases cited8 opinions
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Potter v. . CromwellNew York Court of Appeals · 1869
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Franklin v. . BrownNew York Court of Appeals · 1889
- Daly v. . WiseNew York Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Emigrant Industrial Savings Bank v. One Hundred Eight West Forty Ninth Street Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- United States v. Certain PropertyCourt of Appeals for the Second Circuit · 1965
- Corbett v. Derman Shoe Co.Massachusetts Supreme Judicial Court · 1959
- Incorporated Village of North Hornell v. RauberNew York Supreme Court · 1943
- In Re Cohoes Industrial Terminal, Inc.United States Bankruptcy Court, S.D. New York · 1987
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