Meserole v. . Hoyt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 2, 1898; upon an order affirming a judgment in favor of defendant entered upon a verdict, and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 2, 1898; upon an order affirming a judgment in favor of defendant entered upon a verdict, and an order denying a motion for a new trial. This action was brought against William E. Sinn, as executor of Walter L. Sinn, deceased, but the executor died while the appeal to the Court of Appeals was pending, and the present defendant and respondent was substituted in his place. The nature of the action and the" facts, so far as material, are stated in the opinion. The statute…
1Opinion of the CourtO’Bbien, J.
The plaintiff brought this action to recover rent alleged to be due on a lease executed by her to one Walter L. Sinn, as tenant of a dwelling house in Brooklyn, for the term of eighteen months from November 1st, 1894. The lease was in writing, under seal, and the tenant died before the commencement of the action. The tenant, after twelve months’ actual occupation of the house, abandoned it, refusing to pay any rent for the remainder of the term.
The defense was, as appears from the pleadings and proofs given at the trial, that the house became untenantable and unfit to live in, and hence that…
2Cases cited6 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Franklin v. . BrownNew York Court of Appeals · 1889
- Daly v. . WiseNew York Court of Appeals · 1892
- Sully v. . SchmittNew York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- May v. . GillisNew York Court of Appeals · 1901
- Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1913
- City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
- 308 East 79 Street Corp. v. FavoriteSupreme Court of Florida · 1933
- Friedman Bros. Holding Co. v. NathanSupreme Court of Minnesota · 1924
16 more not listed; retrieve them via the Exa API.