¶1Twice has this case been here on appeals by the defendant, and it is again before us on substantially the same state of facts. On the former occasions the law of the case was clearly "and fully propounded for the guidance of the court below; by Bisohoff and Daly, JJ., 9 N. Y. Supp. 494, and by Bookstaver, J., 10 N. Y. Supp. 529. At the trial under review the only development, if any, to vary the case was evidence of alleged injury to the furniture; but we are of opinion that such evidence was insufficient in law to fix the plaintiff with liability. Judgment reversed, and new trial, costs to abide the event.
13 N.Y.S. 813
Lathers v. Hunt
New York Court of Common Pleas
Decided April 6, 1891
New York Court of Common Pleas · decided 1891-04-06
Action by Richard Lathers against Jacob H. Hunt for rent. Defendant, to secure payment of the rent, had executed to plaintiff a chattel mortgage on certain furniture in the demised premises. On defendant removing from the premises, and abandoning the furniture, plaintiff took possession of and took care of it.
Decided 1891-04-06