Comstock v. Dodge
New York Court of Appeals
Appeal from a judgment of general term of the seventh district. Action, assault and battery. Tried at Steuben circuit.. Verdict for plaintiff. Defendant’s exception heard at general term, seventh district, in first instance. New trial denied and judgment ordered on verdict. Judgment perfected. The testator having appealed to this court, died. His executor-submitted. No opinion written.
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Appeal from a judgment of general term of the seventh district. Action, assault and battery. Tried at Steuben circuit.. Verdict for plaintiff. Defendant’s exception heard at general term, seventh district, in first instance. New trial denied and judgment ordered on verdict. Judgment perfected. The testator having appealed to this court, died. His executor-submitted. No opinion written. The evidence authorized the jury to find the facts as follows : The.defendant’s testator owned a farm and dwelling" house on it, situate in the town of Coming, county of Steuben, upon which he had resided…
1Opinion of the Court
Daniels, .
—The only evidence -given upon the trial of this cause concerning the terms made, while James McBurney occupied the dwelling-house, from which the defendant forcibly expelled the plaintiff, was that which was given by the defendant himself; he stated those terms to be that he was to keep possession of the farm and house; to keep a hired girl there; and board his son and his family there, and pay him $3 50 per year for his services; that he, the defendant, was to furnish every thing for the house; keep possession and board his hands there; that he was to have entire control of the…
2Cited by2 opinions
- Danihee v. . HyattNew York Court of Appeals · 1897
- Johnson v. MaxwellCity of New York Municipal Court · 1897