Hamilton v. Emerson — 62 N.Y.S. 1138

Majority

p. 1138

HAMILTON, Appellant, v. EMERSON, Respondent.

(City Court of New York, General Term.

January 26, 1900.)

Headnote

Action by Erastus Hamilton against Edward R. Emerson. From a judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. Affirmed. Alexander & Ckilby, for appellant. Charles J. Hardy, for respondent.

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,