Hyperlawhypertext legal database Powell v. F. C. Linde Co. 64 N.Y.S. 1146

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Powell v. F. C. Linde Co.

64 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1900-03-09 English

Delivered by McLAUGHLIN, J.

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p. 1146
POWELL, Respondent, v. F. C. LINDE CO., Appellant.
(Supreme Court, Appellate Division, First Department.
March 9, 1900.)

Headnote

Action by Alexander M. Powell against F. C. Linde Company. From a judgment on a verdict directed for plaintiff, and from an order denying motion for new trial, defendant appeals.
Reversed.
See 60 N. Y. Supp. 1044 .
G. D. B. Hasbrouek, for appellant. Blerman -Schmitz, for respondent.

The same question is-presented in this action which was presented in another action between the same parties decided at this term. 64 N. Y. Supp. 153 . The other action was brought to recover rent for the month of April, 1899, alleged to be due under a written lease, and this action was'brought to recover the rent under the same lease for the months of May, June, and July of the same year. The legal question involved is the same in both appeals. The actions were tried together, the appeals were argued together, and, for the reason stated in the opinion in the other action, the judgment and order appealed from in this action must be reversed, and a new trial ordered, with costs to- the appellant to abide the event.