Houston Mercantile Co. v. Powell & King
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment in favor of plaintiff, rendered in the Municipal Court of the city of Hew York, borough of Manhattan, seventh district, after a trial before a judge sitting with a jury.
1Opinion of the CourtBijub, J.
This proceeding was brought to dispossess the defendants (tenants). The real defense lies in a counterclaim for damages for fraudulent representations of plaintiff, inducing defendants to make the lease.
At the opening of the trial there was introduced in evidence the summons and complaint in an action brought in the Supreme Court by the present defendants against the plain*359tiff (landlord.), setting up fraudulent representations of the landlord coincident with the making of the lease in question, and asking that the lease he annulled, declared void and set aside, and that the tenants have…
2Cases cited8 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Terry v. . MungerNew York Court of Appeals · 1890
- Morris v. . RexfordNew York Court of Appeals · 1859
- Roberge v. WinneNew York Court of Appeals · 1895
- Bracken v. . Atlantic Trust Co.New York Court of Appeals · 1901
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3Cited by3 opinions
- Janes v. PaddellAppellate Terms of the Supreme Court of New York · 1911
- Franklin Building Co. v. FinnAppellate Division of the Supreme Court of the State of New York · 1914
- Abramson v. LeoAppellate Division of the Supreme Court of the State of New York · 1934