Curtis v. . Van Bergh
New York Court of Appeals
■ Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 4, 1898, affirming a judgment of the Monroe County Court, entered upon a verdict directed in favor of the plaintiff. This action was brought to recover rent reserved for the Use of a certain building in the city of Rochester under a Written contract and lease.
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■ Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 4, 1898, affirming a judgment of the Monroe County Court, entered upon a verdict directed in favor of the plaintiff. This action was brought to recover rent reserved for the Use of a certain building in the city of Rochester under a Written contract and lease. The defendants pleaded a counterclaim arising out of the following facts, which might have been found by the jury upon the trial: For some years prior to January 23rd, 1896, the defendants had been engaged in the…
1Opinion of the CourtVann, J.
The question presented by this appeal is whether the sum which the plaintiff’s assignor promised to pay the defendants for each day’s delay in completing the building, after expiration of the period stipulated, is in the nature of a penalty or of liquidated damages. This question depends upon the intention of the parties, which is to be gathei’ed from the language used in making the contract, read in the light of the circumstances surrounding them at the time. (Little v. Banks, 85 N. Y. 258, 266; Kemp v. Knickerbocker Ice Co., 69 N. Y. 45, 58; Colwell v. Lawrence, 38 N. Y. 71, 74.) The words…
2Cases cited15 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Cotheal v. . TalmageNew York Court of Appeals · 1854
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Clement v. . CashNew York Court of Appeals · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Amory H. Bradford v. The New York Times CompanyCourt of Appeals for the Second Circuit · 1974
- In re the Arbitration between Publishers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1952
- J. Weinstein & Sons, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
37 more not listed; retrieve them via the Exa API.