Property · MBE-tested
John Powers v. Calvin Witty
4 Daly (N.Y.) 552·New York Court of Common Pleas·1872·NY
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Opinion
John Powers v. Calvin Witty.
(Decided in February, 1872.)
The judgment of a justice in summary proceedings is conclusive in a subsequent proceeding on the part of the landlord, for the rent, and it makes no difference that the judgment was taken by default.
Reported in full in 42 How. Pr. 352.
Exceptions to a judge’s charge directing a verdict for the plaintiff, ordered to be heard at general term.
A. C. Anderson and John Graham, for plaintiff.
W. H. Duryea and J. F. Baker, for defendant.
[MAJORITY]
Opinion of the court by J. F. Daly, J., and Daly, Oh. J.
Judgment for plaintiff.
Present, Daw, Oh. J., Larremore and J. F. Daw, JJ.