Arnold v. R. Rothschild's Sons Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Milton S. Arnold, as surviving partner of the firm of M. Arnold & Co., and Jeanette Arnold and others, as executors, etc., of Morris Arnold, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of October, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said…
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Appeal by the plaintiffs, Milton S. Arnold, as surviving partner of the firm of M. Arnold & Co., and Jeanette Arnold and others, as executors, etc., of Morris Arnold, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of October, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 25tli day of October, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover two installments of rent claimed to be due to the firm of Morris Arnold & Co., upon a lease by which Arnold & Co. let to the defendant a store in the city of New York. The defendant, who had never taken possession of the store under the alleged lease, denied that any lease had ever been made between the *566parties, and the question presented was only whether a completed lease had ever been made.
No evidence was given by the defendant, and the case stands, solely upon what was proved by the plaintiff’s witnesses. At the close of the plaintiff’s case the…
2Cases cited4 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Jackson v. DelacroixNew York Supreme Court · 1829
- Nicholls v. GrangerAppellate Division of the Supreme Court of the State of New York · 1896
- Arnold v. R. Rothschild's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by14 opinions
- Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
- Sherry v. ProalAppellate Division of the Supreme Court of the State of New York · 1909
- Goldstine v. TolmanWisconsin Supreme Court · 1914
- Trimmer v. Van BomelNew York Supreme Court · 1980
- Franke v. HewittAppellate Division of the Supreme Court of the State of New York · 1900
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