Legal Opinion

Third Avenue R.R. Co. v. . Ebling

New York Court of Appeals

Decided October 6, 1885PublishedCited by 27 opinions

Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made March 15, 1883, which reversed a judgment of the General Term of the Marine Court of said city affirming a judgment in favor of defendants entered upon a verdict. This action was brought upon a lease, to recover a quarter’s rent alleged to be due thereon.

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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made March 15, 1883, which reversed a judgment of the General Term of the Marine Court of said city affirming a judgment in favor of defendants entered upon a verdict. This action was brought upon a lease, to recover a quarter’s rent alleged to be due thereon. The answer alleged among other things a surrender of the lease and of the demised premises and an acceptance of such surrender by plaintiff. The facts so far as material to the questions discussed are stated in the opinion.

1Opinion of the Court

Ruger, Ch. J.

We think the Court of Common Pleas erred in reversing the judgment, rendered by the Marine Court in favor of the defendants. It assumed to do so upon the strength of an alleged exception, to the admission of evidence, offered by the defendants upon the trial, but in fact there is no such exception. It was attempted to be taken in this manner. One of the defendants, called as a witness in his own behalf, was asked to relate certain conversations occurring between himself and the plaintiff’s president, secretary and treasurer, in reference to an alleged surrender of the lease sued…

2Cases cited1 opinion

  1. Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876

3Cited by27 opinions

  1. Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
  2. Ten Eyck v. WitbeckAppellate Division of the Supreme Court of the State of New York · 1900
  3. In re Niagara Radiator Co.District Court, W.D. New York · 1908
  4. Fuld v. Burr Brewing Co.New York Court of Common Pleas · 1892
  5. Jacobsen v. CorneliusNew York Supreme Court · 1889

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