Emsheimer v. Thorner
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, rendered in favor of the defendants.
1Opinion of the CourtSeabury, J.
Plaintiff sues to recover rent for the months of April and May, 1913, alleged to he due under the terms of a written lease. The only question *433in dispute relates to the construction of a clause contained in the lease. This clause provides as follows: “ The lessee shall pay to the lessor at the time this agreement is entered into, the sum of eighty-three and. 33/100 ($83.33) dollars, (the receipt of which is hereby acknowledged) as one month’s rent to be applied on this lease, as liquidated and stipulated damages for the faithful performance of the term and covenants of this lease, and at the…
2Cases cited1 opinion
- Caesar v. . RubinsonNew York Court of Appeals · 1903
3Cited by1 opinion
- Mann v. TaylorAppellate Division of the Supreme Court of the State of New York · 1940