Legal Opinion

Day v. Swackhamer

New York Court of Common Pleas

Decided April 15, 1858PublishedCited by 1 opinion

Appeal from a judgment of the District Court for the first judicial district. The action was brought .to recover one quarter’s rent of premises consisting of the second floor of a house, “ with a privilege in the yard.” These premises were hired by defendant from A. & S. H. Campbell. The details of the lease, which was under seal, are given in the opinion of the court.

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Appeal from a judgment of the District Court for the first judicial district. The action was brought .to recover one quarter’s rent of premises consisting of the second floor of a house, “ with a privilege in the yard.” These premises were hired by defendant from A. & S. H. Campbell. The details of the lease, which was under seal, are given in the opinion of the court. The Campbells assigned their lease to one Stevenson, and he to the plaintiff, who brought this action to recover for a quarter which commenced subsequent to the assignment to him. On the trial, defendant offered to show that…

1Opinion of the Court

By the Court, Brady, J.

The defendant hired from A.. & S. H. Campbell, on the 28th March, 1854, by agreement under seal, the second floor, including a small room at the head of the stairs, of the house known as 128 Chambers-street, in the city of New-York, with a privilege in the yard—the Campbells agreeing that the walls in the front and back rooms should have one coat of paint, and that the back windows should be straightened; and the defendant agreeing that he would make all other repairs or alterations at his own expense. The Campbells assigned the defendant’s agreement to one George…

2Cited by1 opinion

  1. 810 West End Avenue, Inc. v. FrankelAppellate Terms of the Supreme Court of New York · 1920

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