Otis v. . Conway
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which reversed so much of a judgment entered upon a decision of the court on trial at Special Term as adjudged that defendant was entitled to the amount of various deposits with the American Loan and Trust Company of rent paid in under leases of portions of the premises described in the complaint, which deposits were made pursuant to…
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Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which reversed so much of a judgment entered upon a decision of the court on trial at Special Term as adjudged that defendant was entitled to the amount of various deposits with the American Loan and Trust Company of rent paid in under leases of portions of the premises described in the complaint, which deposits were made pursuant to stipulations between the parties, and which affirmed so much of said judgment as adjudged that defendant was entitled…
1Opinion of the CourtBrown, J.
There is no dispute between the parties as to the facts which lie at the foundation of this controversy.
On January 1, 1881, the plaintiffs leased to Oscar Strasburger property in Broadway, in the city of Hew York, for the term of five years, at an annual rent payable on the first days of February, Hay, August and Hovember in each year. In September, 1884, Strasburger was adjudged to be a lunatic and his son Albert was appointed his committee. Strasburger had occupied a part of the leased land for business purposes, and his son, after his appointment as committee, continued the occupation…
2Cases cited2 opinions
- Matter of Application of OtisNew York Court of Appeals · 1886
- Riggs v. WhitneyNew York Court of Common Pleas · 1860
3Cited by24 opinions
- In Re United Cigar Stores Co.Court of Appeals for the Second Circuit · 1934
- In Re WalkerCourt of Appeals for the Second Circuit · 1937
- Childs Real Estate Co. v. Shelburne Realty Co.California Supreme Court · 1943
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Central Manhattan Properties, Inc. v. D. A. Schulte, Inc.Court of Appeals for the Second Circuit · 1937
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