Hill v. . Berry
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing "a judgment in favor of defendants, entered upon 'an order dismissing plaintiff’s complaint on trial. This action was brought by plaintiff under the “ civil damage act” so called.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing "a judgment in favor of defendants, entered upon 'an order dismissing plaintiff’s complaint on trial. This action was brought by plaintiff under the “ civil damage act” so called. (Chap. 646, Laws of 1873.) The complaint alleged, in substance, that defendant Oscar Berry was a hotel keeper in the town of Bombay, Franklin county, occupying a building leased to him by defendant Homer T. Berry for that purpose ; that with the knowledge of his landlord said Oscar used and occupied the building…
1Opinion of the CourtAndrews, J.
The decision at this term in Volans v. Owens (74 N. Y., 526) is decisive of the point upon which the complaint was dismissed, and the case was correctly disposed of by the General Term.
The order granting a new trial must therefore be affirmed, and judgment absolute given for the plaintiff upon the stipulation.
All concur.
Order affirmed and judgment accordingly.
2Cases cited1 opinion
- Volans v. . OwenNew York Court of Appeals · 1878
3Cited by1 opinion
- Neu v. . McKechnieNew York Court of Appeals · 1884