Ernest Tribelhorn, Inc. v. Hanavan

Appellate Terms of the Supreme Court of New York

Ernest Tribelhorn, Inc. v. Hanavan

116 N.Y.S. 632

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 7, 1909

StatusPublished

This text of 116 N.Y.S. 632 (Ernest Tribelhorn, Inc. v. Hanavan) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ernest Tribelhorn, Inc. v. Hanavan, 116 N.Y.S. 632 (N.Y. Ct. App. 1909).

Pincite

Opinions

DAYTON, J.

As an inducement, plaintiff promised to make cer-

tain repairs at or before the signing of the lease, as is fully shown by the testimony admitted. Some pertinent questions on this head were excluded. The court directed a verdict for the plaintiff. The case of Clenighan v. McFarland (Com. Pl.) 11 N. Y. Supp. 719, seems to be “on all fours” with that at bar, as to the right to the defense here interposed. The jury should have been allowed to pass upon any disputed questions of fact.

The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

GIRDERSLEEVE, P. J., concurs.

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