Legal Opinion

Fowler v. Marcus

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899PublishedCited by 3 opinions

Appeal by the defendant, Marks H. Marcus, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said, court on the 13th day of March, 1899, upon the decision of the court rendered áfter a trial before the court without a jury.

1Opinion of the Court

Goodrich, P. J.:

The plaintiff sues to recover the rent of a flat 'from March fifteenth to May first at forty-five dollars per month. Three questions were raised at the trial and on this appeal: First, whether the lease terminated on May first or whether it was a lease by the month; second, whether there had been a surrender and acceptance of the premises; third, whether there was a re-entry upon the premises during the term. As to the first question, the following appears on the appellant’s brief: “ The evidence on this point is flatly contradictory. The plaintiff swears positively that the…

2Cited by3 opinions

  1. Figueira v. LernerAppellate Division of the Supreme Court of the State of New York · 1900
  2. Anderson v. HeroldAppellate Terms of the Supreme Court of New York · 1901
  3. Anderson v. HeroldAppellate Terms of the Supreme Court of New York · 1901

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