Valentine v. . Healey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1896, affirming a judgment in favor of plaintiff, entered upon a verdict directed by the court for the sum of $1,901.07. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1896, affirming a judgment in favor of plaintiff, entered upon a verdict directed by the court for the sum of $1,901.07. The nature of the action and the facts, so far as material, are stated in the opinion. A tenant in common has a legal right at all times to enter upon and occupy and possess each and every part of the common property, and the exercise by him of that legal right imposes upon him no obligation to pay for use and occupation, even though he occupy the…
1Opinion of the CourtHaight, J.
This action was brought to recover a quarter’s rent of premises, numbers 311 to 319 West Forty-third street in the city of Hew York, alleged to be due and owing from the defendants to th.e plaintiff.
It appears that the plaintiff and defendant Warren M. Healey are the tenants in common and owners of the premises, the plaintiff owning an undivided three-fourths and the defendant Healey an undivided one-fourth. The defendants were general partners and one William Williams was a special partner, constituting the firm of Healey & Co. On the 30th day of May, 1891, the defendants leased the premises…
2Cases cited3 opinions
- Haynes v. . AldrichNew York Court of Appeals · 1892
- McKay & Blakeslee v. MumfordNew York Supreme Court · 1833
- Valentine v. HealeyNew York Supreme Court · 1895
3Cited by21 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Chamberlain v. BrownSupreme Court of Iowa · 1909
- Mahnk v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1931
- Oliva v. OlivaAppellate Division of the Supreme Court of the State of New York · 1988
- T. G. W. Realties, Inc. v. Long Island Bird Store, Inc.New York Supreme Court · 1934
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