Legal Opinion · Dissent

Hinton v. Bogart

Appellate Division of the Supreme Court of the State of New York

Decided February 19, 1915Published

Appeal by the plaintiffs, Alfred P. Hinton and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of April, 1914, upon the decision of the court, a jury having been waived.

1Dissent

Laughlin, J. (dissenting):

I think the judgment of the trial court was right, and that in any event this is not a case in which the judgment should *163be reversed and a judgment in favor of the plaintiffs substituted therefor.

The action is not for use and occupation, but for a breach of the provisions of the lease, it being alleged that the defendant failed to pay the taxes as agreed therein, and that the landlords were obliged to pay them; and the action is to reimburse them therefor. It was held by the Appellate Term, on an appeal from an order granting judgment for plaintiffs on the pleadings…

2Cases cited1 opinion

  1. Hinton v. BogartAppellate Terms of the Supreme Court of New York · 1913

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