Legal Opinion · Dissent
Herter v. Mullen
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1900Published
Appeal by the plaintiff, Albert Herter, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the .clerk of the county of New York on the 29th day of December, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8tli day of January, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1DissentMcLaughlin, J.
The action was brought to recover rent alleged to be due under á lease. The plaintiff had a verdict, and from the judgment entered thereon he has appealed. ' ' •
The complaint, except" the formal parts of it, was as follows:
“ Second. That on ór about March 9, 1891, plaintiff rented to the defendants, and they hired and took from him, a certain portion of *331the dwelling house known as No. 2046 Madison avenue, in the city of New York, from May 1, 1894, at the yearly rent of Nine Hundred and Twenty-five' ($925) Dollars, payable in equal monthly installments on the first day of each month, in…
2Cases cited3 opinions
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Herter v. . MullenNew York Court of Appeals · 1899
- Herter v. MullenAppellate Division of the Supreme Court of the State of New York · 1896