Gallup v. . Albany Railway Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the amount paid by plaintiff for taxes and water rates assessed upon certain premises owned, by Mm in the city of Albany, and leased by him to the defendant, wMch, by the lease, defendant agreed to pay.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the amount paid by plaintiff for taxes and water rates assessed upon certain premises owned, by Mm in the city of Albany, and leased by him to the defendant, wMch, by the lease, defendant agreed to pay. The answer set np an eviction by the plaintiff, and as a defence or counter-claim, damages by reason of the alleged interference of plamtiff with defendant’s possession. The referee…
1Opinion of the Court
Reynolds, C.
As a part of the rent for the demised premises, the defendant agreed to pay the “ ordinary taxes and water rates,” and this it did not do, after due admonition, and the plaintiff being personally liable, was compelled by legal process to pay the taxes for 1868, and the water rates for 1869, with the usual costs and expenses, and to recover the amount thus paid this action is brought. The substantial defence is, that the defendant was evicted either by the plaintiff or by title paramount, and depends substantially upon the following facts: The demised premises are located within…
2Cases cited1 opinion
- Folts v. HuntleyNew York Supreme Court · 1831
3Cited by9 opinions
- Duhain v. Mermod, Jaccard & King Jewelry Co.New York Court of Appeals · 1914
- Ripps v. KlineNevada Supreme Court · 1954
- Coffin v. United Manufacturing Trimming Co.Appellate Terms of the Supreme Court of New York · 1914
- Duhain v. Merwood, Jaccard & King Jewelry Co.New York Supreme Court · 1911
- Achlers v. RehlengerNew York Marine Court · 1876
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