Legal Opinion

Silver v. Krellman

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1903PublishedCited by 3 opinions

Appeal by the defendant, Sarah Krellman, from a judgment of the Municipal Court of the city of New Vork, borough of The Bronx, in favor of the plaintiff, entered on the 18th day of September 1903, upon the decision of the court.

1Opinion of the Court

Hirschberg, J.:

The pleadings in this case were oral, the plaintiff suing to recover for money had and received and the defendant setting up a counterclaim in addition to a general denial. The decision is in favor of the plaintiff for the full amount claimed, and dismisses the counterclaim.

On or about July 28,1902, the plaintiff’s assignor, Samuel Epstein and the defendant agreed orally to meet in a few days and execute a lease by which she would rent to him for three years certain real estate on Grand street in the borough of Manhattan at a gross rent of $6,000 per annum less the sum of…

2Cases cited3 opinions

  1. Roberts v. . ElyNew York Court of Appeals · 1889
  2. Lowell v. LaneNew York Supreme Court · 1861
  3. Secor v. KreuderAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by3 opinions

  1. E. Moch Co. v. Security BankAppellate Division of the Supreme Court of the State of New York · 1917
  2. Knight v. RothschildAppellate Division of the Supreme Court of the State of New York · 1909
  3. Taylor v. BucknerOregon Supreme Court · 1921

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