Gillilan v. Spratt
New York Court of Common Pleas
Appeal by the plaintiff from a judgment at trial term. The action was brought to recover the sum of §900, being rent of premises Ho. 100 Liberty street, for the months of April, May, and June, 1868. By an indenture of lease between the parties, dated March 6,1867, the premises in question were demised to the defendant by the plaintiff, for the term of one year, from May 1, 1867, at the yearly rent of $3,600, payable monthly on the first day of each succeeding month.
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Appeal by the plaintiff from a judgment at trial term. The action was brought to recover the sum of §900, being rent of premises Ho. 100 Liberty street, for the months of April, May, and June, 1868. By an indenture of lease between the parties, dated March 6,1867, the premises in question were demised to the defendant by the plaintiff, for the term of one year, from May 1, 1867, at the yearly rent of $3,600, payable monthly on the first day of each succeeding month. The lease, among others, contained the following covenant, to wit: that in case the building was required to be removed, in…
1ConcurrenceLoew, J.
I concur that neither the summary proceedings, *447to recover possession of the demised premises, by reason of the expiration of the defendant’s term, nor the action of the justice in discontinuing the same,' should be held a bar to plaintiff’s right of recovery in this action, which was for rent and damages for use and occupation, and I therefore agree that the judgment should be overruled, and a new trial ordered.
Robinson, J. I am of the opinion that the learned judge, before whom this cause was tried, erred' in regarding the summary proceedings between the landlord and tenant, had before the…
2Cases cited20 opinions
- Nichols v. WilliamsCourt for the Trial of Impeachments and Correction of Errors · 1827
- Watson v. DavisNew York Supreme Court · 1838
- White v. . CoatsworthNew York Court of Appeals · 1852
- United States v. BoisdoreSupreme Court of the United States · 1851
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
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