Legal Opinion

Scott v. Demarest

City of New York Municipal Court

Decided January 15, 1912PublishedCited by 2 opinions

Actiob for rent.

1Opinion of the Court

G-beeít, J.

This action is brought by the plaintiff to recover for seven months’ rent under a written lease executed between the parties. The defense interposed is, first, that a prior action is pending and undetermined in the court of Pennsylvania between the same parties for the same subject-matter, and, second, that defendant has been discharged in bankruptcy from the obligation in suit.

As to the first defense of another action pending in another State, that may readily be .disposed of as without merit in that “ A party may have pending actions against the same defendant to recover the same…

2Cases cited2 opinions

  1. Smith v. CrockerAppellate Division of the Supreme Court of the State of New York · 1897
  2. Witthaus v. ZimmermannAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Perkins v. De WittNew York Supreme Court · 1949
  2. Charles Goell Construction Co. v. FaberCity of New York Municipal Court · 1929

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