Ely v. Fahy
New York Supreme Court
Action by Caroline L. Ely and Almira F. Beers, as surviving executors of Joseph Field, deceased, against John Fahy. Defendant moves for a new trial on exceptions taken at Monroe circuit, and ordered to be heard at general term in the first instance.
1Opinion of the CourtBradley, J.
The purpose of the action was to recover a portion alleged to be unpaid of the installment due April 1, 1893, from the defendant to the plaintiffs, upon a lease of store premises in the city of Rochester. The defendant alleged, by way of counterclaim, the payment by him for certain repairs upon the store, pursuant to agreement with the plaintiffs that the payment so made should be allowed to him, and applied upon the rent reserved by the lease. The plaintiffs controvert the charge of liability to him for such payment. The lease is in writing, sealed with the seals of the parties, and bears…
2Cases cited5 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Cook v. . SouleNew York Court of Appeals · 1874
- Buck v. BinningerNew York Supreme Court · 1848
3Cited by4 opinions
- Volga Realty Corp. v. Chauncey Holt Co.Appellate Terms of the Supreme Court of New York · 1918
- Carey v. KreizerAppellate Terms of the Supreme Court of New York · 1899
- Smith v. SmullAppellate Division of the Supreme Court of the State of New York · 1902
- Smith v. SmullAppellate Division of the Supreme Court of the State of New York · 1902