Legal Opinion

Foster v. Oldham

New York Court of Common Pleas

Decided June 19, 1893PublishedCited by 2 opinions

Appeal from seventh district court. Action by Meyer Foster and others against Edmund T. Oldham. From a judgment in plaintiff’s favor, defendant appeals.

1Opinion of the Court

PEB CUBIAM.

The action was brought to recover of the appellant, as assignee of Pearce & Co., four months’ rent of certain premises claimed to have been occupied by bim as assignee, etc. 'The appellant contends that the justice below erroneously admitted the testimony of certain witnesses tending to prove a promise by ■the defendant to pay the rent of the premises occupied by him, and that the justice at the close of the case erroneously refused to dismiss the complaint. There was no error in admitting defendant’s promise to pay. Under the general assignment, the lease as well ■ as the other…

2Cases cited4 opinions

  1. Litchfield v. . WhiteNew York Court of Appeals · 1852
  2. Journeay v. BrackleyNew York Court of Common Pleas · 1857
  3. Anderson v. HamiltonNew York Court of Common Pleas · 1890
  4. Stern v. Florence Sewing Machine Co.The Superior Court of New York City · 1876

3Cited by2 opinions

  1. Walton v. StaffordAppellate Division of the Supreme Court of the State of New York · 1897
  2. Smith v. WagnerNew York Court of Common Pleas · 1894

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