Benkard v. Babcock
The Superior Court of New York City
Oh March 10th, 1860, the plaintiffs leased to the defendants, who were doing business, as merchants, under the name of Babcock & Milner, the marble store, Ho. 142 Duane street, for the purpose of the dry goods business, for the term of five years from May 1st, 1860, at the yearly rent of $14,000, commencing May- I5th, 1860, payable quarterly, on the usual quarter-days.
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Oh March 10th, 1860, the plaintiffs leased to the defendants, who were doing business, as merchants, under the name of Babcock & Milner, the marble store, Ho. 142 Duane street, for the purpose of the dry goods business, for the term of five years from May 1st, 1860, at the yearly rent of $14,000, commencing May- I5th, 1860, payable quarterly, on the usual quarter-days. The defendants were to keep the premises in repair, so far as they became out of repair by means of the use and occupation, and the plaintiffs covenanted that the sub-cellar should at all times, during the term, be free from…
1Opinion of the Court
By the Court,
Robertson, Ch. J.
It is claimed by the defendants that the plaintiffs have waived their appeal in this case by accepting from them the amount of the verdict in favor of the latter, with costs. Eumerous authorities have been cited to us on the argument to sustain that position but they will all be found to be cases where an appellant had attempted actively to enforce either the whole of a judgment order or decree in his favor, or else some part thereof, connected with and dependent upon'such other part thereof as he may have appealed from, or else where he had availed himself of…
2Cases cited17 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Clark v. . BairdNew York Court of Appeals · 1853
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Verret v. BonvillainSupreme Court of Louisiana · 1880
- Jacobs v. AugustinSupreme Court of Louisiana · 1848
- John I. Adams & Co. v. MoultonLouisiana Court of Appeal · 1881
- John I. Adams & Co. v. MoultonLouisiana Court of Appeal · 1881
- Sale v. Van BibberSupreme Court of Louisiana · 1856
1 more not listed; retrieve them via the Exa API.