Pettet v. Smith

Appellate Terms of the Supreme Court of New York

Pettet v. Smith

94 N.Y.S. 1159

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1905

StatusPublished

This text of 94 N.Y.S. 1159 (Pettet v. Smith) 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

Pettet v. Smith, 94 N.Y.S. 1159 (N.Y. Ct. App. 1905).

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Opinion

BlacLEAN, J.

Concededly the only open question between the parties was the actual wording of a demise. At the trial there was record evidence, supplemented by the testimony of the plaintiff, quite enough to justify the verdict of the jury in favor of the plaintiff, whose recovery for taxes paid by herself upon property leased to the defendant depended upon the presence of the word “and” in a lease providing for the payment of either water rent and taxes or water rent taxes by the lessee, without right, under the circumstances, of resort on the part of the defendant, the lessee, to evidence of fair rental value to assist in the determination. Judgment affirmed, with costs. All concur.

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BlacLEAN, J.

Concededly the only open question between the parties was the actual wording of a demise. At the trial there was record evidence, supplemented by the testimony of the plaintiff, quite enough to justify the verdict of the jury in favor of the plaintiff, whose recovery for taxes paid by herself upon property leased to the defendant depended upon the presence of the word “and” in a lease providing for the payment of either water rent and taxes or water rent taxes by the lessee, without right, under the circumstances, of resort on the part of the defendant, the lessee, to evidence of fair rental value to assist in the determination. Judgment affirmed, with costs. All concur.

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Bluebook (online)

94 N.Y.S. 1159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettet-v-smith-nyappterm-1905.