Herter v. Mullen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert Herter, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the .clerk of the county of New York on the 29th day of December, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8tli day of January, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.;
This action was brought to recover for rent, claimed to have accrued in favor of the plaintiff because the defendants .held over in possession of a house (which they had leased from the plaintiff) after the expiration of the lease on the 1st of May, 1895. The letting seems to have been by parol; that it expired on the 1st of May, 1895, and that the defendants stayed in the house until the fifteenth of May is not denied. Because of these two facts the plaintiff claims to be entitled at his option to consider the lease extended for another year upon the same terms as the previous…
2Cases cited5 opinions
- Herter v. . MullenNew York Court of Appeals · 1899
- Adams v. . City of CohoesNew York Court of Appeals · 1891
- Rathbun v. AckerNew York Supreme Court · 1854
- Adams v. City of CohoesNew York Supreme Court · 1889
- Rorbach v. CrossettNew York Supreme Court · 1892
3Cited by7 opinions
- Weber v. RogersNew York Supreme Court · 1903
- Cirigliano v. BrownCity of New York Municipal Court · 1945
- In re the Estate of WeinbergNew York Surrogate's Court · 1941
- Schreiber v. KlebanCivil Court of the City of New York · 1970
- Skinner v. SullivanNew York Supreme Court · 1920
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