Devine v. Kilcommons
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan, third district, entered upon the verdict of a jury directed by the court in favor of the plaintiff.
1Concurrence
Lehman, J. (concurring).
The action is brought to recover $250 rent claimed to be due for November and December, 1909, under an oral lease for a six months’ term. The plaintiff introduced in evidence a judgment roll of a former action between the same parties for rent from the same premises. In that action the plaintiff alleged that defendant was a tenant and that by the terms of his tenancy the sum of $125 was due the plaintiff as rent on October 7, 1909, and was unpaid. The answer was a general denial and a plea of surrender, and the trial justice gave judgment for the plaintiff. By parol…
2Cases cited2 opinions
- Pease v. . EganNew York Court of Appeals · 1892
- Hawkins v. George Ringler & Co.Appellate Division of the Supreme Court of the State of New York · 1900