Legal Opinion

Stokes v. . Hoffman House of New York

New York Court of Appeals

Decided May 14, 1901PublishedCited by 28 opinions

Appeal fren a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 2,1900, affirming a judgment in favor of plaintiff entered upon the report of a referee.

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Appeal fren a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 2,1900, affirming a judgment in favor of plaintiff entered upon the report of a referee. An action having been commenced by the Fanners’ Loan and Trust Company, as trustee, against the Hoffman House, a New Jersey corporation, to foreclose a mortgage covering leases and chattels belonging to the defendant therein and which were in the possession of this defendant, and with and upon which it was carrying on a hotel and café business in the city of New York, on the 21st of…

1Opinion of the CourtCullen, J.

The foregoing statement of the case is taken from the opinion of the presiding justice of the Appellate Division and adopted by us. The principal questions argued on this appeal, relate to the award made by the referee to the plaintiff of the sum of ten thousand dollars paid by the receiver to the landlord on account of 'the rent after the defendant entered into possession of the leasehold premises, and to the refusal of the referee to allow the defendant its counterclaim for some nineteen thousand dollars paid by it on account of the rents accruing during the period of occupation, hy the…

2Cases cited11 opinions

  1. United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
  2. Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
  3. Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
  4. Decker v. . GardnerNew York Court of Appeals · 1891
  5. Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877

6 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Zittman v. McGrathSupreme Court of the United States · 1951
  2. Dayton Hydraulic Co. v. FelsenthallCourt of Appeals for the Sixth Circuit · 1902
  3. Hanna v. Florence Iron Co. of WisconsinNew York Court of Appeals · 1918
  4. Citibank, N.A. v. Nyland (CF8) Ltd.Court of Appeals for the Second Circuit · 1988
  5. Foster v. KennyAppellate Division of the Supreme Court of the State of New York · 1910

23 more not listed; retrieve them via the Exa API.

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