Legal Opinion

Constant v. Barrett

New York Court of Common Pleas

Decided June 3, 1895PublishedCited by 7 opinions

Appeal from Ninth district court. Summary proceedings by Henry Constant against John T. Barrett to recover possession of real estate. From a final order dismissing the petition, plaintiff appeals.

1Opinion of the CourtBookstaver, J.

This proceeding was submitted upon an admitted state of facts, and was dismissed by the justice. It is admitted the plaintiff is the landlord of the premises in question, and the respondent is the lessee in possession under a lease having some years to run; that, while in possession under his lease, the respondent purchased a bond for $10,000, secured by a mortgage upon the premises, made by a predecessor in title of the plaintiff; that in the month of November, 1894, the principal of this bond became due by reason of the nonpayment of the semiannual interest for more than 30 days after the…

2Cases cited2 opinions

  1. Howell v. . LeavittNew York Court of Appeals · 1884
  2. Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878

3Cited by7 opinions

  1. DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
  2. Wulff v. CilentoAppellate Terms of the Supreme Court of New York · 1899
  3. Richards v. LittellAppellate Terms of the Supreme Court of New York · 1896
  4. Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946
  5. Metropolitan Life Insurance v. ShapiroAppellate Terms of the Supreme Court of New York · 1937

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