Kingsland v. Ryckman
New York Court of Common Pleas
Appeal from a judgment entered on the report of a referee. The action was to recover the last quarter’s rent due on a lease of 220 Mercer street, in Tew York city, for the three years ending May 1st, 1871, at the yearly rent of $1,500. The answer admitted the facts alleged as the cause of action, but set up as a counter-claim that the plaintiffs had leased the same premises to the defendant for one year, from May 1st, 1871, for the yearly rent of $1,500, but had afterwards…
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Appeal from a judgment entered on the report of a referee. The action was to recover the last quarter’s rent due on a lease of 220 Mercer street, in Tew York city, for the three years ending May 1st, 1871, at the yearly rent of $1,500. The answer admitted the facts alleged as the cause of action, but set up as a counter-claim that the plaintiffs had leased the same premises to the defendant for one year, from May 1st, 1871, for the yearly rent of $1,500, but had afterwards refused to comply with their agreement, and had leased the premises to the Fire Department of the city of Tew York for…
1Opinion of the Court
By the Court.*—Robinson, J.
Whatever may have been, in fact, the representative characters of the plaintiffs when making the lease for three years from May 1st, .1867, upon which suit was brought, they made it in their individual characters, and as such are entitled to recover the rent claimed.
The counter-claim founded upon an alleged parol agreement for the reletting of the premises for another year to defendant, and the alleged subsequent lease thereof to the Fire Department for the same term, and refusal to allow the defendant to enter into possession, is only supported by his testimony…
2Cited by1 opinion
- De Lancey v. RobbinAppellate Terms of the Supreme Court of New York · 1910