O'Horo v. Kelsey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James O’Horo, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 24th day of October, 1899, upon the verdict of a jury, and also from an order bearing date the 2d day of October, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, James O’Horo, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 24th day of October, 1899, upon the verdict of a jury, and also from an order bearing date the 2d day of October, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 25th day of June, 1897, to recover damages alleged to have been sustained by the plaintiff on account of the alleged unlawful acts of the defendant in attempting to…
1Opinion of the Court
McLennan, J.:
The complaint states a good cause of action.
If the plaintiff assigned to the defendant the land contract executed *608and delivered to him by Brown, and under which he was entitled to the possession of the premises in question, in consideration of an agreement on the part of the defendant that he would execute and deliver to the plaintiff another contract, which should also entitle him to possession, he was rightfully in occupation of the hotel, and had .a right to use and enjoy the same undisturbed and without interference by the defendant, precisely as if said other contract had…
2Cited by6 opinions
- Cooper v. WeissblattAppellate Terms of the Supreme Court of New York · 1935
- Laverne v. CorningDistrict Court, S.D. New York · 1970
- Laverne v. CorningDistrict Court, S.D. New York · 1974
- Abounader v. Strohmeyer & Arpe Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Mook v. MerdingerAppellate Division of the Supreme Court of the State of New York · 1963
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