City of New York Municipal Court, 1900

Hamilton v. Emerson

Hamilton v. Emerson
City of New York Municipal Court · Decided January 26, 1900 · Dwyer
62 N.Y.S. 1138 (New York Supplement)
Hamilton v. Emerson

Opinion of the Court

O’DWYER, J.

We think that a defense to an action on a lease was properly set forth in the first separate defense contained in the answer, and that, the learned trial justice properly allowed the .testimony in support of the separate collateral agreement therein alleged. The questions in issue were fairly submitted to the jury, and their verdict finds ample support in the evidence. Judgment and order appealed from affirmed, with costs.

HASCALL, J., concurs,

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