Koehler v. Scheider
New York Court of Common Pleas
Appeal from city court, general term. Action by Hermann Koehler against Joseph Scheider to recover rent for months of March and April, 1886, under a yearly letting from May 15, 1885. The defense was a general denial and a constructive eviction.
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Appeal from city court, general term. Action by Hermann Koehler against Joseph Scheider to recover rent for months of March and April, 1886, under a yearly letting from May 15, 1885. The defense was a general denial and a constructive eviction. The rent for February, 1886, not having been paid, plaintiff sued for it, alleging a letting to defendant for a year from May 1, 1885, at $6,000 a year, payable monthly, at end of month, demand and refusal to pay rent for February, 1886. The answer was a general denial. The questions on that trial were: (1) Was the letting to Joseph Scheider or the…
1Opinion of the CourtLarremore, C. J.
This is a reargument of an appeal from a judgment of the city court in favor of the plaintiff. A verdict was directed for the amount claimed, being the rent of a certain building for March and April, 1886, on the ground that a previous judgment recovered by plaintiff against defendant for tibe rent of the same premises for February, 1886, operated as a bar to all *612defenses raised in the present action. In this I think error was committed, and I concur in the opinion rendered by Judge Daly after the former argument. Granting that, under the doctrine of res adjudicata, a prior judgment recovered…
2Cases cited2 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
3Cited by13 opinions
- Veysey v. MoriyamaCalifornia Supreme Court · 1921
- Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
- Duff v. HartNew York Court of Common Pleas · 1891
- Ryan v. JonesNew York Court of Common Pleas · 1892
- Lawrence v. Mycenian Marble Co.New York Court of Common Pleas · 1892
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