Chapman v. Frank
New York Court of Common Pleas
Appeal from trial term. Action by George M. Chapman against Isaac Frank and Jacob Godhelp for rent. Verdict and j'udgment were for defendants, and plaintiff took an appeal, pending which he died, and Julia A. Chapman and Clarence H. Kelsey became his executrix and executor.
1Opinion of the CourtBookstaver, J.
Chapman in his life-time brought two suits in a district court, each for one quarter’s rent, under a sublease to the defendants. These actions were removed to this court, and were consolidated. The defendants then interposed an answer, setting up an eviction by William Oppenhym, the superior landlord, for non-payment of rent by Chapman, and also a counterclaim for moneys spent in the repair of the premises at Chapman’s request. On the trial the defendants proved the loss of the record in the summary proceedings constituting the eviction set up in the answer, and made proof of such proceedings…
2Cases cited4 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Zoeller v. . RileyNew York Court of Appeals · 1885
- Brennan v. BlathNew York Court of Common Pleas · 1871
3Cited by1 opinion
- Womach v. City of St. JosephSupreme Court of Missouri · 1907