Van Houten v. Oliver

Appellate Terms of the Supreme Court of New York

Van Houten v. Oliver

91 N.Y.S. 36

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 7, 1904

StatusPublished

This text of 91 N.Y.S. 36 (Van Houten v. Oliver) 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

Van Houten v. Oliver, 91 N.Y.S. 36 (N.Y. Ct. App. 1904).

Pincite

Opinion

FREEDMAN, P. J.

The action was brought by the plaintiff-upon an allegation that he had been duly appointed trustee in bankruptcy of the Rochester Lamp Company, and other allegations to the effect that two monthly installments of rent had become due to him from the defendant by virtue of the terms of a lease from the Rochester Lamp Company to the defendant. Assuming that the complaint sufficiently alleged the due appointment of the plaintiff as trustee, yet, as the said allegation was denied by the answer, the plaintiff was bound to establish its truth by proof on the trial. No such proof having been adduced, the judgment cannot be sustained.

Judgment and order reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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FREEDMAN, P. J.

The action was brought by the plaintiff-upon an allegation that he had been duly appointed trustee in bankruptcy of the Rochester Lamp Company, and other allegations to the effect that two monthly installments of rent had become due to him from the defendant by virtue of the terms of a lease from the Rochester Lamp Company to the defendant. Assuming that the complaint sufficiently alleged the due appointment of the plaintiff as trustee, yet, as the said allegation was denied by the answer, the plaintiff was bound to establish its truth by proof on the trial. No such proof having been adduced, the judgment cannot be sustained.

Judgment and order reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

91 N.Y.S. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-houten-v-oliver-nyappterm-1904.