Ludlow v. McCarthy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Banyer Ludlow, from a judgment of the County Court of the county of Westchester in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 25th day of June, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of June, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J. :
The process of examination and argument has reduced the question presented by this appeal to one of pleading. The action is brought to recover a balance due for rent of certain demised premises, situate in the comity of Westchester. Whatever contest was raised by the pleadings, over the identity and extent of the demised premises, and whether the lease was to be treated as verbal or written, was settled by the evidence given and the course of the trial. The answer contained a counterclaim, wherein the claimed agreement of letting was set forth, followed by an allegation of facts…
2Cases cited4 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Rothschild v. . WhitmanNew York Court of Appeals · 1892
3Cited by3 opinions
- Moore v. LynchNew York Supreme Court · 1927
- McGrath v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- McGrath v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896