Legal Opinion

Anderson v. Carell

Appellate Terms of the Supreme Court of New York

Decided January 15, 1909PublishedCited by 2 opinions

Appeal from City Court of New York, Trial Term. Action by Hans Anderson against Catherine Carell. From a judgment for plaintiff, defendant appealed. Affirmed.

1Per curiam

The court below correctly determined, upon the conceded facts, that the plaintiff was entitled to the rents, upon an apportionment, from the day when he received his deed in partition, and that the life tenant—whose estate passed by the deed—could not claim the full month’s rent payable and received in advance. The reference in the terms of sale to occupancy by monthly tenants imported no more than the duration of possession, and in no way involved notice of a claim by the life tenant to rents received in advance for the whole of any month. In the absence of an implied agreement on the…

2Cases cited2 opinions

  1. Betts v. BettsNew York Supreme Court · 1878
  2. Cowen v. ArnoldNew York Supreme Court · 1890

3Cited by2 opinions

  1. Sacandaga Realty Corp. v. HenesAppellate Division of the Supreme Court of the State of New York · 1916
  2. Sacandaga Realty Corp. v. HenesAppellate Terms of the Supreme Court of New York · 1916

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