Sullivan v. Schmitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Timothy J. Sullivan, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered oñ the 24th day of October, 1902, dismissing the plaintiff’s complaint.
1Opinion of the Court
Hooker, J.:
The nonsuit at the close of the plaintiff’s evidence was not error. Plaintiff’s complaint alleged a cause of action for rent for the month of May, 1902, stating that in April of that year he let and demised the premises in question to the defendant for one year from the 1st of May, 1902, at the yearly rental of $900, payable monthly in advancethat $25 was paid, and the balance of the rent payable May first is due. The proof bore out these allegations, and showed that the payment on account was made early in April, but developed the fact that when the first of May arrived and the…
2Cases cited5 opinions
- Trull v. . GrangerNew York Court of Appeals · 1853
- Spalding v. VandercookNew York Supreme Court · 1829
- People v. HumphreyNew York Supreme Court · 1810
- Eaton v. . WellsNew York Court of Appeals · 1880
- Ward v. EdesheimerNew York Court of Common Pleas · 1892
3Cited by4 opinions
- Merrill v. GordonArizona Supreme Court · 1914
- Forshaw v. HathawayAppellate Terms of the Supreme Court of New York · 1920
- Rothman v. KosowerAppellate Terms of the Supreme Court of New York · 1905
- Teitelbaum v. Direct Realty Co.New York Supreme Court · 1939