Little v. Martin
New York Supreme Court
Error from the New-York common pleas. Martin sued Little in the court below, in an action of assumpsit for use 7 ,. r , T , . and occupation ot a house. In August, 1826, it was agreed between the parties that the defendant should take a lease of the house for five years, at the rent of $300 per annum.
Read the full summary
Error from the New-York common pleas. Martin sued Little in the court below, in an action of assumpsit for use 7 ,. r , T , . and occupation ot a house. In August, 1826, it was agreed between the parties that the defendant should take a lease of the house for five years, at the rent of $300 per annum. A few days afterwards, a clerk of the defendant called on the plaintiff to inquire her name and the number of the house to be inserted in a lease, said the leases would be prepared the next day, and desired the plaintiff to call at the defendant’s to execute them, About the middle of August, a…
1Opinion of the Court
By the Court,
Marcy, J.
If ¡there is any error in this case, it is embraced in the first objection. As to the second, it is disposed of by the statute; for it expressly provides that if an agreement not by deed appears, the plaintiff shall not be nonsuited, but may use it to shew the amount that he is entitled to recover; and to the third, it is a sufficient answer to say, the action is not upon the contract; it has nothing to do with the suit any further than that the proof of it, though not made as the statute requires, establishes the fact that the defendant below went into the occupation of…
2Cited by12 opinions
- Dwight v. CutlerMichigan Supreme Court · 1855
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hall v. . Western Transportation Co.New York Court of Appeals · 1866
- Holbrook v. ArmstrongSupreme Judicial Court of Maine · 1833
- Pierce v. PierceNew York Supreme Court · 1857
7 more not listed; retrieve them via the Exa API.