Cornwell v. Sanford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas F. Sanford, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 9th day of November, 1914, upon the verdict of a jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case.
1Opinion of the Court
Lambert, J.:
This is an action under contract for rent covenanted to be paid under a lease. The lease by its terms provided that it should expire in May, 1907, and provided a stipulated yearly rental payable monthly in advance. On June 23, 1906, the defendant being in default, plaintiff began in the Municipal Court of Buffalo a proceeding for the removal of the defendant from the premises. In that proceeding a final order directing the removal of the defendant was issued July 6, 1906. No warrant was ever issued. July 12, 1906, plaintiff began another action in the Municipal Court to recover…
2Cases cited2 opinions
- Cornwell v. . SanfordNew York Court of Appeals · 1913
- Cornwell v. SanfordNew York Supreme Court · 1914