Garner v. Hannah
The Superior Court of New York City
Motion on the part of the plaintiff for judgment on a verdict taken, subject to the opinion of the court at General Term upon r¿uestions of law. The action was brought to recover possession of a lot of ground in 28th street, in the city of New York, and was tried before Bosworth, J., and a jury, in June, 1856. The following are the material facts of the case, as they appear from the pleadings, and were established by the evidence on the trial.
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Motion on the part of the plaintiff for judgment on a verdict taken, subject to the opinion of the court at General Term upon r¿uestions of law. The action was brought to recover possession of a lot of ground in 28th street, in the city of New York, and was tried before Bosworth, J., and a jury, in June, 1856. The following are the material facts of the case, as they appear from the pleadings, and were established by the evidence on the trial. The plaintiffs claimed that they were entitled to recover under a clause of re-entry contained in a lease made by one John Garner, the ancestor of the…
1Opinion of the CourtBy the Court. Slosson, J.
I had occasion, in another action by the same plaintiffs against the tenants of other premises held -under a similar lease, in which the pleadings were in all respects, in substance, lilce those in the present action, to consider the question of the sufficiency of a complaint in this form, under the Code, in connection with an answer setting up the lease and averring performance of its covenants. I held it, in that case, to be sufficient, and see no reason to change my views in that respect.
The objection to the evidence on that ground was, therefore, properly overruled.
It was contended by the…
2Cited by15 opinions
- M. E. Blatt Co. v. United StatesSupreme Court of the United States · 1938
- Giles v. . AustinNew York Court of Appeals · 1875
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Smith v. . LittlefieldNew York Court of Appeals · 1873
- Bruch v. CarterSupreme Court of New Jersey · 1867
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