Lewis v. . Seabury
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, reversing a judgment in favor of defendant, entered upon an ■ order dismissing complaint on trial, and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. If defendant agreed to make repairs not contemplated by the lease-it would be void for want of a new consideration. . (Walker v. Gilbert, 2 Robt., 5; 1 Swe., 25; 43 How.
Read the full summary
Appeal from order of the General Term of the City Court of Brooklyn, reversing a judgment in favor of defendant, entered upon an ■ order dismissing complaint on trial, and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. If defendant agreed to make repairs not contemplated by the lease-it would be void for want of a new consideration. . (Walker v. Gilbert, 2 Robt., 5; 1 Swe., 25; 43 How. Pr., 33; Speckler v. Sax, 1 E. D. S., 253; Post v. Wetter, 2 id., 248.) The court erred in granting the motion for a nonsuit. (Labor v. Koplen, 4 N. Y.,…
1Opinion of the CourtHand, J.
Two causes of action are stated in the complaint. First. That on the 31st of March, 1875, the defendant leased to the plaintiff certain premises in the' city óf Brooklyn, described in the lease, for three years from the first of May then next. That at the time the lease was executed, the premises were in good order, with gas fixtures, shelving, and other fixtures, suitable and ready for immediate use in the business of a bakery, and the defendant represented to the plaintiff that these were appurtenant and belonged to the premises. That at the commencement of the term, the shelving and…
2Cases cited2 opinions
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Hope v. . BalenNew York Court of Appeals · 1874
3Cited by12 opinions
- Welz v. RhodiusIndiana Supreme Court · 1882
- President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916
- J.K.S.P. Restaurant, Inc. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1987
- Stearns v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1900
- Heywood v. Ogden Motor Car Co.Utah Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.