Cornwell v. . Sanford
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1911, affirming a judgment in favor of defendant entered upon a verdict. 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 fourth judicial department, entered November 24, 1911, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment rendered upon the merits by the Municipal Court of Buffalo, on September 1, 1906, for the rent due and unpaid up to August 1, 1906, is res adjudícala and conclusive of the question whether the lease was canceled by an agreement made in June, 1906. (Nemetty v. Naylor, 100 N. Y. 562; Reich v. Cochran,…
1Opinion of the Court
Cullen, Ch. J.
The action was brought—landlord against tenant — to recover rent. The defendant hired the demised premises from the plaintiff for the term of five years from May 1st, Í902, at the annual rental of $900, payable monthly in advance. The defendant having defaulted in payment of certain installments of the rent, on June 21, 1906, the plaintiff instituted summary proceedings to recover possession of the premises, and on July 6th judgment was rendered in favor of the landlord, but no warrant was issued thereon nor was the defendant evicted. On July 12th the plaintiff sued the defend…
2Cases cited1 opinion
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
3Cited by4 opinions
- Cornwell v. . SanfordNew York Court of Appeals · 1918
- Kranke v. American Fabrics Co.Supreme Court of Connecticut · 1930
- Cornwell v. SanfordNew York Supreme Court · 1914
- Cornwell v. SanfordAppellate Division of the Supreme Court of the State of New York · 1915