Cass v. Shewman
New York Supreme Court
Appeal from special term, Schuyler county. Action by Marcus M. Cass against James Shewman to recover on a guaranty to fulfill the conditions of a lease not complied with by the lessee. Plaintiff demurred to defendant’s answer. The demurrer being overruled, plaintiff appeals. Reversed.
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Appeal from special term, Schuyler county. Action by Marcus M. Cass against James Shewman to recover on a guaranty to fulfill the conditions of a lease not complied with by the lessee. Plaintiff demurred to defendant’s answer. The demurrer being overruled, plaintiff appeals. Reversed. On the 3d April, 1888, the plaintiff and one Jennie D. Shewman entered into a written agreement, by which the plaintiff leased to said Shewman his farm of 110 acres for .the term of three years from April 1, 1888, at the annual rent of $125, payable on the 1st of March of each year. It was, among other things,…
1Opinion of the CourtMerwin, J.
Ho exceptions to the decision of the court were filed by the appellant, and the respondent therefore claims that the appellant is not in a position to question the correctness of the decision. The cases cited to sus*238:tain this view of the practice relate only to trials of issues of fact. By section 992 of the Code of Civil Procedure it is provided that “an exception may be taken to the ruling of the court or of a referee upon a question of law arising upon the trial of an issue of fact.” The manner in which such exceptions shall be taken is regulated by sections 994 and 995. We are referred to…
2Cases cited10 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Brown v. . CurtissNew York Court of Appeals · 1849
- Allen v. RightmereNew York Supreme Court · 1823
- Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
- Toles v. . AdeeNew York Court of Appeals · 1883
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3Cited by1 opinion
- Cassavoy v. PattisonAppellate Division of the Supreme Court of the State of New York · 1904