Evertsen v. Sawyer
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit, in August, 1826, before the Hon. William A. Duer, n one of the circuit judges.
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This was an action of assumpsit, tried at the Albany circuit, in August, 1826, before the Hon. William A. Duer, n one of the circuit judges. The plaintiff claimed to recover for the use and occupatian by the defendant of a fulling-mill and carding machine from the 1st May, 1821, to the 1st November, 1823, (being a period of 2 years 6 months.) The plaintiff held thepremises as the assignee of a lessee of Stephen Van Rensselaer, Esq., the term of which demise expired the 1st November, 1823. The défendant entered under the plaintiff, in June, e 1820, and paid rent to the 1st May, 1821, when all…
1Opinion of the Court
By the Court, Savage, Ch. J.
In this case, both parties agree that a new trial ought to be granted ; but, as they disagree as to the reasons, the opinion of this court upon the points raised is desired, and, indeed, is necessary. The plaintiff contends that he was entitled to recover rent to the end of the term, which was 2 years and 6 months, from the time that the last rent was paid, and that the rent should be calculated at the sum stated in the agreement of 1820; and, of course, insisted that the testimony of the annual value was improperly admitted. The defendant contends, 1. That the…
2Cited by32 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Hogsett v. EllisMichigan Supreme Court · 1868
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Tilyou v. . ReynoldsNew York Court of Appeals · 1888
- Curtis v. Millard & Co.Supreme Court of Iowa · 1862
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