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Morris v. Dayton

89 N.Y.S. 1111 Court N.Y. App. Term Decision date 1904-06-23 English

Delivered by FREEDMAN, P. J.

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p. 1111
MORRIS, Appellant, v. DAYTON, Respondent.
(Supreme Court, Appellate Term.
June 23, 1904.)

Headnote

Action by Cora Morris against Harold C. Dayton. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Affirmed.
Wentworth, Lowenstein & Stern, for appellant.
Joseph E. Bullen and Charles W. Dayton, for respondent.

The defects in the evidence of the defendant, as pointed out by this court .on the former appeals ( 84 N. Y. Supp. 392 ; 86 N. Y. Supp. 172 ), were sufficiently remedied upon the trial now under review to make the case one for the jury; and, it having been fairly submitted, their verdict for the amount of rent conceded to be due should not be again disturbed. Three trials have now been held, with the same result in each case, and in the absence of clear errors of law the litigation between the parties should be encouraged no further.. The judgment and order should be affirmed, with costs. All concur.