New York Court of Appeals
Ezra P. Davis v. Francis Morris, Respondents
June 5, 186736 N.Y. 569
Summary
The Court affirmed the judgment, holding that the plaintiff's inclusion of equitable claims and the trial without a jury did not waive his right to a jury trial on legal claims, and that the assignee of a lease who was assigned only part of the term is not liable for rent. The Court also rejected the notion that a partnership was created that would impose equitable liability on the assignee.