Neary v. Bostwick
New York Court of Common Pleas
Appeal from a judgment of the Second District Court in favor of the plaintiff. The facts are very fully stated in the ■ opinion.
1Opinion of the Court
By the Court, Hilton, J.
The plaintiff complained before the justice for a breach, by the defendant, of a covenant contained in his lease to the plaintiff of the upper part of the building and premises No. 502 Broadway. In the language of the complaint, the breach consisted in “ not studding and boarding up the premises; also in bad studding and improperly encroaching upon the plaintiff’s premises in its putting up, and in not taking it away at the proper time.” The answer was general denial, and accord and satisfaction. The justice gave judgment for the plaintiff for $150 damages, and the…
2Cases cited4 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Palmerton v. HuxfordNew York Supreme Court · 1847
- Squier v. GouldNew York Supreme Court · 1835
- Walter v. PostThe Superior Court of New York City · 1857
3Cited by8 opinions
- Roach v. GilmerUtah Supreme Court · 1884
- Capital City Mutual Fire Insurance v. DetwilerAppellate Court of Illinois · 1887
- Griswold v. GriswoldNew York Supreme Court · 1872
- Hudson v. SwanNew York City Court · 1879
- Jackson v. DohertyAppellate Terms of the Supreme Court of New York · 1896
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