Thomas v. . Nelson
New York Court of Appeals
Appeal from, judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. It was error to receive in evidence the memorandum of the agreement to lease.
Read the full summary
Appeal from, judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. It was error to receive in evidence the memorandum of the agreement to lease. (Jackson v. Delacroix, 2 Wend., 433; Jackson v. Moncrief, 5 id., 26.) As plaintiff failed to sustain the allegations in his complaint, the motion to dismiss the complaint should have been granted. (Gasper v. Adams, 28 Barb., 441; Moore v. McKibber, 33 id., 246; Walter v. Bennett, 16 N. Y., 250.)…
1Opinion of the CourtEarl, J.
This was an action to recover rent for the occupancy of certain premises situated in the city of Brooklyn, under an alleged .lease from plaintiff to defendant. The plaintiff recovered, and the defendant seeks upon this appeal to reverse his judgment upon several grounds, which I will examine separately.
First. In his complaint the plaintiff alleges a leasing for the term of seven years. On the trial he proved the following memorandum, signed by himself: “I am to give Mr. Nelson a lease of building' 271 Broadway for seven years, first three years at $1,400 per year, and four years at $1,500 per…
2Cases cited4 opinions
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
- Schuyler v. LeggettNew York Supreme Court · 1824
- Lockwood v. LockwoodSupreme Court of Connecticut · 1852
3Cited by43 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Talamo v. . SpitzmillerNew York Court of Appeals · 1890
- Martin v. . Home BankNew York Court of Appeals · 1899
- Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
- Huntington v. ParkhurstMichigan Supreme Court · 1891
38 more not listed; retrieve them via the Exa API.