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Martin v. Hamilton

Supreme Court, Appellate Term
Jun 1, 1899
28 Misc. 768 (N.Y. App. Term 1899)

Opinion

June, 1899.

John N. Lewis, for appellant.

Shipman, Larocque Choate, for respondent.


To this action, brought to recover rent admittedly due according to the terms of a written lease, the defendant urged as defense a collateral agreement on the part of the plaintiff to provide storeroom and suitable bicycle accommodations for the defendant and his family, and its breach. Upon the evidence introduced the trial justice rendered judgment in favor of the plaintiff, and, in the absence of circumstances calling for interference by this court, the judgment should be affirmed.

FREEDMAN, P.J., concurs.


I concur on the ground that only a question of fact is involved properly determined by the trial justice.

Judgment affirmed, with costs.


Summaries of

Martin v. Hamilton

Supreme Court, Appellate Term
Jun 1, 1899
28 Misc. 768 (N.Y. App. Term 1899)
Case details for

Martin v. Hamilton

Case Details

Full title:WILLIAM R.H. MARTIN, Respondent, v . JAMES G. HAMILTON, Appellant

Court:Supreme Court, Appellate Term

Date published: Jun 1, 1899

Citations

28 Misc. 768 (N.Y. App. Term 1899)