Smith v. . Kerr
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 31, 1884, which reversed a judgment of the County Court of Cattaraugus county affirming a judgment of a justice of the peace in favor of plaintiff as landlord in summary proceedings to remove defendant for alleged nonpayment of rent." (Reported below, 33 Hun, 567.) The facts appear sufficiently in the opinion.
1Opinion of the Court
Huger, Ch. J.
On the 5th day of September, 1880, the defendant was in occupation of certain premises in the village of Salamanca under a written lease from the plaintiff to him dated February 20, 1880, describing such premises by metes and bounds, and the building thereon, for a term of three years at an annual rent of $300. The premises consisted of a plot of ground extending thirty-five feet front and rear, and twelve rods long, upon which was erected a wooden building intended to be used for mercantile purposes. On that day the building was destroyed by fire and thereafter, within four…
2Cases cited3 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Doupe v. . GeninNew York Court of Appeals · 1871
3Cited by61 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- Beacon Terminal Corp. v. Chemprene, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- People v. ScottNew York Court of Appeals · 1970
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
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