Legal Opinion
Trenkmann v. Schneider
Appellate Terms of the Supreme Court of New York
Decided March 15, 1899PublishedCited by 1 opinion
Reargument of an appeal by the plaintiff from a judgment of the General Term of the City Court of New York, affirming a judgment entered in the defendant’s favor upon the verdict of a jury. The decision on the former hearing is reported in 23 Misc. Rep. 336. The opinion sufficiently states the facts so far as they are material.
1Opinion of the CourtGiegerich, J.
"Upon the original argument of the appeal, owing to the peculiar wording of the answer and "because of the admission by defendant’s counsel upon the trial that the rent in suit had not been paid, we were misled to the assumption that the defendant had controverted the allegations of the complaint that she had neglected and refused to pay the rent sought to he recovered in this action, when in point of fact failure to deny it operated as a tacit admission. Code Civ. Pro., § 522. The defendant’s breach being thus admitted, it is clear that the decision heretofore announced should not stand…
2Cases cited9 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Millerd v. . ThornNew York Court of Appeals · 1874
- Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881
- Koehler v. ScheiderNew York Court of Common Pleas · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Waldorf System, Inc. v. DawsonSupreme Court of Rhode Island · 1928