Gibbons v. Dayton
New York Supreme Court
Appeal from a judgment entered upon an order of this court, confirming the report of the referee in this proceeding. The proceeding grew out of a claim for rent, filed by the plaintiff with the defendant as administrator of the goods, etc., of Anna Maria Merriam, deceased; which claim was referred by agreement of the parties, pursuant to the statute.
Read the full summary
Appeal from a judgment entered upon an order of this court, confirming the report of the referee in this proceeding. The proceeding grew out of a claim for rent, filed by the plaintiff with the defendant as administrator of the goods, etc., of Anna Maria Merriam, deceased; which claim was referred by agreement of the parties, pursuant to the statute. The claim is for rent of the second floor of the premises known as No. 165 Bleecker street, from May 1st, 1873, to April 1st, 1874. It appears from undisputed evidence, that Mrs. Merriam had resided in the premises a number of years prior to her…
1Opinion of the Court
Davis, P. J.:
The appellant is public administrator, and as such was appointed administrator of the estate of one Anna Maria Merriam, deceased. The respondent presented a claim for rent against the estate, which being disputed, was submitted to reference, with the approval of the surrogate, in conformity to the statute in such case made and provided. Mrs. Merriam, the intestate, was the tenant of the respondent from month to month; she had been accustomed to receive, on payment of the monthly rent at the beginning of each month, an instrument acknowledging the receipt of the" rent and *453expressin…
2Cases cited1 opinion
- People ex rel. Gleahill v. SchacknoNew York Supreme Court · 1867