Legal Opinion
Peer v. O'Leary
The Superior Court of the City of New York and Buffalo
Decided May 3, 1894PublishedCited by 2 opinions
Appeal from municipal court. Action by Bichard Peer against John O’Leary, Sr. There was a judgment in favor of defendant, and plaintiff appeals. Beversed.
1Opinion of the CourtTitus, C. J.
This is an appeal by the plaintiff from a judgment of the municipal court granting a nonsuit and dismissing the proceedings instituted for the summary recovery of real estate. The plaintiff is the owner of a house on Sandusky street, in this city. In the spring of 1891 the defendant entered into possession of the rear portion of the plaintiff’s house under circumstances detailed by the plaintiff in his evidence as folllows:
“They were paying rent before their house was burned. They wanted this place to come into. I let them come into it. My wife asked me to let them come. I was not satisfied…
2Cases cited4 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Post v. PostNew York Supreme Court · 1852
- Sarsfield v. HealyNew York Supreme Court · 1867
- People ex rel. McGuire v. UlrichNew York Supreme Court · 1855
3Cited by2 opinions
- President & Directors of Manhattan Co. v. NiebergCity of New York Municipal Court · 1936
- Seltzer v. BlockAppellate Terms of the Supreme Court of New York · 1929