Terwilliger v. Browning, King & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Browning, King & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 10th day of Juñe, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of May, 1919, denying the defendant’s motion for a new trial made updn the minutes.
1Opinion of the Court
John M. Kellogg, P. J,:
In Terwilliger v. Browning, King & Company (152 .App. Div. 552), a former action between these parties, among other things, it was determined that the "material facts found in the order of redemption, made under section 2259 of the Code of Civil Procedure, were res adjudicada - and binding upon the parties and that by the fact of tender the tenant became entitled to the possession of the property subject to the lease, but that the defendant owed him no active duty to put him into possession especially where there was an intervening lease. In this action, afterwards…
2Cases cited2 opinions
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
- Terwilliger v. . Browning, King Co.New York Court of Appeals · 1917
3Cited by2 opinions
- Pantz v. NelsonMissouri Court of Appeals · 1939
- Saraga v. StraussAppellate Division of the Supreme Court of the State of New York · 1924