Hungerford v. Wagoner
Appellate Division of the Supreme Court of the State of New York
Appear by the defendant, James E. Wagoner, from a judgment, of the County Court of the county of Albany in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 25th day of February, 1896, affirming a judgment rendered by a justice of the peace in summary proceedings awarding to the plaintiff the possession of a house and lot in the town of Bethlehem, Albany county, New York.
1Opinion of the Court
Merwin, J.:
The plaintiff in his petition, which is dated November 2, 1895, alleged that on or about the 2d day of November, 1890, the petitioner, as landlord, let and rented the premises in question to the defendant “at the rate of $1 per month, from the said 2d day of November, 1890, for no fixed period, which said term has expired,” and it alleged the service of a month’s notice to quit. The defendant in his answer denied the main allegations of the petition, except as to amount of rent, and alleged that the renting ivas for the term of one year from April 1, 1891, and that after that date…
2Cases cited5 opinions
- Pugsley v. . AikinNew York Court of Appeals · 1854
- Judd v. FultonNew York Supreme Court · 1850
- People Ex Rel. Botsford v. . DarlingNew York Court of Appeals · 1872
- Wilson v. TaylorNew York Court of Common Pleas · 1879
- Hoffman v. AllenNew York Court of Common Pleas · 1893
3Cited by11 opinions
- Smith v. PayneSupreme Court of Virginia · 1930
- Gerolemou v. SolizAppellate Terms of the Supreme Court of New York · 2000
- Elliott v. BirrellSupreme Court of Virginia · 1920
- Hand v. Knaul, New York County Courts1921
- Biggs v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1904
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