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Milne v. Cruikshank

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1919
190 App. Div. 908 (N.Y. App. Div. 1919)

Opinion

December, 1919.

Present — Rich, Putnam, Blackmar, Kelly and Jaycox, JJ.


Order unanimously affirmed, with costs, upon the opinion of Mr. Justice Clark at Trial Term.


The following is the opinion of the court below:


The verdict is set aside and a new trial is granted. The verdict necessarily involved a finding by the jury that the defendants, with full knowledge of the language of the covenant against nuisances contained in the deed of the Mt. Vernon lots, waived such covenant and were willing to exchange their Manhattan property for the Mt. Vernon property. Such knowledge and waiver were not established by a fair preponderance of evidence, and the finding of the jury was in that respect against the weight of evidence.


Summaries of

Milne v. Cruikshank

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1919
190 App. Div. 908 (N.Y. App. Div. 1919)
Case details for

Milne v. Cruikshank

Case Details

Full title:GEORGE MILNE and PETER H. CRAM, Appellants, v . JAMES H. CRUIKSHANK and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1919

Citations

190 App. Div. 908 (N.Y. App. Div. 1919)