Legal Opinion

Price v. Eisen

Appellate Terms of the Supreme Court of New York

Decided May 15, 1900PublishedCited by 2 opinions

Appeal from a judgment, rendered in favor of the plaintiff, in. the Municipal Court of the city of Sew York, fourth district, borough of Manhattan.

1Opinion of the CourtO’Gormae, J.

We think the judgment should not be permitted to stand, for two reasons; first, the learned trial justice erred in the rule of damages which he applied, and secondly, even if he were correct in that respect, his findings are not supported by competent proof.

This action is brought to recover damages alleged to have been sustained by the plaintiff in consequence of the defendant’s refusal to deliver possession of a store leased by him to the plaintiff. The store in question was a small one, renting for thirty-three dollars a month, in which the plaintiff intended to conduct the business of…

2Cases cited2 opinions

  1. Friedland v. . MyersNew York Court of Appeals · 1893
  2. Volkmar v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1899

3Cited by2 opinions

  1. Sinclair Refining Co. v. Hamilton & DotsonSupreme Court of Virginia · 1935
  2. Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1985

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