Wood v. Gordon
New York Court of Common Pleas
Appeal from city court, general term. Action by Henry A. W. Wood against Edward Gordon to recover rent of an apartment in the premises 958 Ninth avenue for the month of October, 1890, upon an implied agreement of living for one year, arising from the tenant’s holding over, after the expiration of a previous term, under a written lease, from September 15, 1889, to September 1, 1890. The answer set up a hiring for the term of 12J months, beginning September 15,1889, and ending…
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Appeal from city court, general term. Action by Henry A. W. Wood against Edward Gordon to recover rent of an apartment in the premises 958 Ninth avenue for the month of October, 1890, upon an implied agreement of living for one year, arising from the tenant’s holding over, after the expiration of a previous term, under a written lease, from September 15, 1889, to September 1, 1890. The answer set up a hiring for the term of 12J months, beginning September 15,1889, and ending September 30, 1890; occupation until the last-named date, and payment of the rent in full up to that date; also…
1Opinion of the Court
Daly, O. J.
The plaintiff proved a lease under seal, executed by both parties, by which defendant hired from him the premises in question from September 15, 1889, to September 1, 1890, a period of eleven months and a half; and that defendant remained in occupation of the premises until September 30, 1890; and claimed that, by such holding over, an agreement to hold for a year, until September 6, 1891, upon the terms of the original lease, was implied. This claim was sustained, and a recovery of $50 rent for the month of October, 1890, was allowed; the rent secured by the original lease being…
2Cases cited12 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Laughran v. . SmithNew York Court of Appeals · 1878
- Prickett v. RitterIllinois Supreme Court · 1854
- Blumenberg v. MyresCalifornia Supreme Court · 1867
- Bright v. McOuatIndiana Supreme Court · 1872
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