Pope v. Wilbur

Appellate Terms of the Supreme Court of New York

Pope v. Wilbur

33 Misc. 773, 67 N.Y.S. 1144

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 15, 1901

StatusPublished

This text of 33 Misc. 773 (Pope v. Wilbur) 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

Pope v. Wilbur, 33 Misc. 773, 67 N.Y.S. 1144 (N.Y. Ct. App. 1901).

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Opinion

Per Curiam.

The defendants claimed, and were accorded the affirmative. It then became incumbent upon them to show that the premises became untenantable, and this, according to the verdict, they failed to do.

There was no error in the charge. The jury were left to say whether the damages rendered the building untenantable, and were instructed properly in regard to the defendants’ nonliability in case of untenantability. There is no merit in any of the exceptions.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.

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Per Curiam.

The defendants claimed, and were accorded the affirmative. It then became incumbent upon them to show that the premises became untenantable, and this, according to the verdict, they failed to do.

There was no error in the charge. The jury were left to say whether the damages rendered the building untenantable, and were instructed properly in regard to the defendants’ nonliability in case of untenantability. There is no merit in any of the exceptions.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

33 Misc. 773, 67 N.Y.S. 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-wilbur-nyappterm-1901.