Appellate Terms of the Supreme Court of New York, 1899

Martin v. Hamilton

Martin v. Hamilton
Appellate Terms of the Supreme Court of New York · Decided June 15, 1899 · Leventritt, MacLean
28 Misc. 768; 58 N.Y.S. 1118

Counsel

John N. Lewis, for appellant., Shipman, Larocque & Choate, for respondent

Martin v. Hamilton

Opinion of the Court

MacLean, J.

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 *769defendant 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.

Concurring Opinion

Leventritt, J.

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

Judgment affirmed, with costs.

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