Davidson v. Blumor
New York Court of Common Pleas
Appeal by plaintiff A-om a judgment of the Second District Court in the city of New York. The action was to recover $41 69, rent for the month of April, 1875, of premises in New York city, upon a hiring for a year from May 1st, 1874. The defendant put in a general denial, and upon the trial sought to .show that the letting was a monthly letting, 'and that his term had expired on April 1st, 1875, and did show, without contradiction, that he had vacated the premises before…
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Appeal by plaintiff A-om a judgment of the Second District Court in the city of New York. The action was to recover $41 69, rent for the month of April, 1875, of premises in New York city, upon a hiring for a year from May 1st, 1874. The defendant put in a general denial, and upon the trial sought to .show that the letting was a monthly letting, 'and that his term had expired on April 1st, 1875, and did show, without contradiction, that he had vacated the premises before that time. To show that the term expired on April 1st, 1875, the defendant put in evidence a receipt for the rent for…
1Opinion of the Court
Charles P. Daly, Chief Justice.
This judgment will have to be reversed. The testimony of both the plaintiff and the defendant was to the effect that the premises were hired for a year, the rent being payable monthly in advance. There was no conflict between them as to the fact that the letting and renting was for a year, and it is evident from the ruling of the justice that he' regarded the receipt for the. month of March as conclusive upon the plaintiff, because it contains the words, “ it is expressly understood that the letting is for one month only, and to expire on the first day of *207April…
2Cited by3 opinions
- Miller v. BarnettAppellate Division of the Supreme Court of the State of New York · 1913
- Ireland v. HydeAppellate Terms of the Supreme Court of New York · 1901
- Lenane v. MayerAppellate Terms of the Supreme Court of New York · 1896