Donaldson v. Neidlinger
City of New York Municipal Court
Appeal from trial term. Action by Helen S. Donaldson against William Heidlinger for the recovery of one month’s rent, guarantied by defendant. Plaintiff appeals from judgment entered upon dismissal of the complaint on the trial.
1Opinion of the Court
Browne, J
Action to recover one month’s rent against surety upon a lease. It was admitted upon the trial that the tenant was in occupation of the premises in February, 1887, the month for which rent is claimed; that the rent was not paid by the tenant, and was demanded from the defendant before action brought. He refused to pay. The guaranty bears date two days prior to the date of the lease, and expresses to be in consideration of the letting described in the lease. When the plaintiff rested the defendant moved to dismiss the complaint upon two grounds: (1) That there was no endeavor on the…
2Cases cited4 opinions
- Rathbone & Banks v. Tucker & CarterNew York Supreme Court · 1836
- Gottsberger v. RadwayNew York Court of Common Pleas · 1859
- Speyers v. LambertThe Superior Court of New York City · 1869
- Cordier v. ThompsonNew York Court of Common Pleas · 1878
3Cited by1 opinion
- Crowley v. GormleyAppellate Division of the Supreme Court of the State of New York · 1901