Rauth v. Davenport
New York Supreme Court
Exceptions from circuit court, New York county. Action by Jacob Rauth against William B. Davenport, as executor of Samuel Cardwell, Jr., deceased. At the trial the complaint was dismissed, and the exceptions were ordered to be heard in the first instance at the general term.
1Opinion of the CourtDaniels, J.
The plaintiff was the lessee of a store, situate in the building known as “No. 325 Third Avenue,” in the city of New York, from the 1st of September, 1886, until the 1st of February, 1889. The lease was for the period of three years and eight months, but the premises were vacated by the plaintiff because of the condition of the roof of the building, by which the water passed through the story above, which was occupied by another person, into the store of the plaintiff, who was a pawnbroker, and wet and injured his goods; and the action was brought by him to recover the damages which in this…
2Cases cited3 opinions
- Doupe v. . GeninNew York Court of Appeals · 1871
- Vann v. . RouseNew York Court of Appeals · 1884
- Alperin v. EarleNew York Supreme Court · 1889
3Cited by10 opinions
- Miller v. SullivanSupreme Court of Kansas · 1908
- Wilson v. WoodruffUtah Supreme Court · 1925
- Bronner v. WalterAppellate Division of the Supreme Court of the State of New York · 1897
- Alfred Peats Co. v. BradleyAppellate Division of the Supreme Court of the State of New York · 1915
- Levy v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1909
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