Croft v. King
New York Court of Common Pleas
Appeal from a judgment of the general term of the Marine Court of the city of New York, affirming a judgment of that court dismissing the complaint, entered in the lifetime of Margaret Fisher and George King, a The complaint charged that the defendant, George King, was the owner of the premises 431 Seventh Avenue, New York, and that the plaintiff was a tenant therein, and that the defendant procured one Farley to unlawfully and forcibly remove plaintiff, destroying her…
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Appeal from a judgment of the general term of the Marine Court of the city of New York, affirming a judgment of that court dismissing the complaint, entered in the lifetime of Margaret Fisher and George King, a The complaint charged that the defendant, George King, was the owner of the premises 431 Seventh Avenue, New York, and that the plaintiff was a tenant therein, and that the defendant procured one Farley to unlawfully and forcibly remove plaintiff, destroying her furniture and carrying away $575 in money. The answer admitted the defendant was the owner of the premises, but denied the…
1Opinion of the CourtVan Hoesen, J.
If the warrant had run against Becker only the case of Welsh v. Cochran (63 N. Y. 181) would have been directly in point. But it required the° removal of “ all persons ” from the premises, and that King, the landlord, should be put in full possession. The warrant was in due form, and was not broader than the statute permits. Tenants, their assigns, their undertenants, and their legal representatives, ought properly to be made parties to summary proceedings; and there is a provision of the statute under which any person may become a party, or obtain A hearing, by showing that he has…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Welsh v. . CochranNew York Court of Appeals · 1875
- Brown v. FeeterNew York Supreme Court · 1831
- Starkweather v. SeeleyNew York Supreme Court · 1865
3Cited by18 opinions
- Fults v. . MunroNew York Court of Appeals · 1911
- Ide v. FinnAppellate Division of the Supreme Court of the State of New York · 1921
- Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
- Ash v. PurnellNew York Court of Common Pleas · 1890
- New York Railways Corp. v. Savoy Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
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