Spies v. Voss
New York Court of Common Pleas
Appeal from trial term. Action by Marie Spies against Philip Yoss to recover $310, being five-months’ rent of apartments at $58 per month, for five months from November, 1887, to March, 1888, both inclusive, and interest. There was judgment for plaintiff for full amount claimed, and defendant appeals.
1Opinion of the CourtDaly, J.
There was no written agreement for the occupation of the premises, and no term agreed upon; and the question is whether the tenancy continued to May 1, 1888, or was for a month, or from month to month, and whether there was an acceptance and surrender of the lease. The wife of the tenant made the agreement on his behalf. She said that, if the rooms were painted and fixed up, she would stay a long time,—for five years or eight years. She was told that the rent was $58 a month, payable monthly in advance. The painting was done; and the tenant moved in a few days after May 1,1887, paying rent…
2Cases cited4 opinions
- MacKellar v. SiglerNew York Court of Common Pleas · 1874
- People Ex Rel. Botsford v. . DarlingNew York Court of Appeals · 1872
- Wilson v. TaylorNew York Court of Common Pleas · 1879
- Winant v. HinesNew York Court of Common Pleas · 1887
3Cited by5 opinions
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
- Ryan v. JonesNew York Court of Common Pleas · 1892
- Dorrance v. BonesteelAppellate Division of the Supreme Court of the State of New York · 1900
- Lawrence v. HasbrouckAppellate Terms of the Supreme Court of New York · 1897
- Bernstein v. LightstoneAppellate Terms of the Supreme Court of New York · 1901