Legal Opinion
Clark v. Smith
New York Court of Common Pleas
Decided August 1, 1894Published
Appeal from third district court. Action by Garrett D. Clark against Amelia Smith to recover two months’ rent alleged to be due in a written lease. A judgment in favor of defendant was rendered by the justice with a jury, and plaintiff appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
This appeal presents only questions of fact. There was a direct conflict upon the one vital point in issue, namely, whether plaintiff accepted the surrender of the premises; and we are not able to say that the judgment is against the evidence, or the weight of evidence, nor does it appear that the justice was influenced by prejudice or passion. Mead v. Pope, 7 Misc. Rep. 181, 27 N. Y. Supp. 338. Judgment must be affirmed, with costs.
2Cases cited1 opinion
- Mead v. PopeNew York Court of Common Pleas · 1894