Healy v. Malcolm
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Thomas A. Healy against Janet T. Malcolm, as executrix of James F. Malcolm, deceased. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtPatterson, J.
The plaintiff sued upon a contract’ alleged to have been made with James F. Malcolm, now deceased, and pursuant to which she hired certain premises at Spring Eake, N. J., for a period of five months, — from June 1 to November 1, 1900; Malcolm stipulating to pay her $100 a week for the exclusive use and possession of the premises, which consisted of a cottage and a stable, during that period of five months. The negotiations leading to the contract were had between the plaintiff’s assignor and a daughter of Mr. Malcolm. He and his family took possession of the premises. He paid at the rate of…
2Cases cited4 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- Thomas v. . GageNew York Court of Appeals · 1894
- Healy v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1901