Spitzer v. Born, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alexander Spitzer and another, from a determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 13th day of May, 1920, reversing a judgment of the Municipal Court of the City of New York; Borough of Manhattan, Ninth District, in favor of the plaintiffs, and dismissing the complaint.
1Opinion of the Court
Greenbattm, J.:
The action was brought to recover the sum of fifty dollars for rent of premises for the month of October, 1919, pursuant to the provisions of a written lease alleged to have been made between the plaintiffs and defendant, which was offered and received in evidence. Defendant’s counsel conceded upon the trial that the lease was signed by the president of the defendant corporation. The lease was for a term of three years, commencing September 1, 1919. Rent for the month of September, 1919, was paid, but the rent for the month of October, 1919, was not paid.
The defense was that a…
2Cases cited7 opinions
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Smith v. SmithIllinois Supreme Court · 1872
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Mechanics & Farmers' Bank v. SmithNew York Supreme Court · 1821
- Standard Fashion Co. v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Odell v. 704 Broadway CondominiumAppellate Division of the Supreme Court of the State of New York · 2001
- Murphy v. Bankers Commercial Corp.District Court, S.D. New York · 1953
- Carnahan v. M. J. & B. M. Buck Co.Michigan Supreme Court · 1930
- Capron v. Utica Ice Co., New York County Courts1926