Larned v. . Hudson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought for the recovery of the possession of a house and lot of land, in the city of Brooklyn, of which plaintiff claimed to be the owner, and which he alleged was withheld from him by the defendant, who was in the wrongful possession thereof. The complaint stated these facts (containing no other allegation), and it thereupon demanded judgment: 1st. For…
1Opinion of the Court
Lott, Ch. C.
The evidence given on the trial as to the value of the use and occupation of the premises was clearly inadmissible; and the instruction given to the jury that they might take such value into consideration in estimating the plaintiff’s damages for being kept out of possession, was also erroneous.
The only cause of action stated in the complaint is for the recovery by the plaintiff of the real estate described therein, with damages for withholding the same from him. It is not stated how long the defendant has been in possession, or in fact that he had been in the occupation thereof…
2Cases cited2 opinions
- Holmes v. . DavisNew York Court of Appeals · 1859
- Livingston v. TannerNew York Supreme Court · 1852
3Cited by18 opinions
- Cagger v. . LansingNew York Court of Appeals · 1876
- United States v. Mid-Continent Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
- Clason v. . BaldwinNew York Court of Appeals · 1891
- Pengra v. MunzUnited States Circuit Court · 1887
- Gas-Light Co. v. Rome, W. & O. RailroadNew York Supreme Court · 1889
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