Peck v. Reid
New York County Courts
Appeal from City Court of Oneonta. Summary proceedings by Alfred C. Peck against Samuel M. Reid. From an order for plaintiff, defendant appeals.
1Opinion of the CourtKellogg, J.
This is an appeal from an order of the City Court of Oneonta, entered upon the verdict of a jury in summary proceedings, awarding to the plaintiff certain premises situate on Cherry street in the said city, for nonpayment of rent, under subdivision 2, § 2231, of the Code of Civil Procedure. There are three questions raised on this appeal. It is claimed: (1) That no legal or proper demand was made on the defendant for the payment of said rent. (2) That the proof of the service of the precept is insufficient and defective. (3) That the relation of landlord and tenant merged in a certain…
2Cases cited18 opinions
- Denton v. NannyNew York Supreme Court · 1850
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Prout v. RobySupreme Court of the United States · 1872
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
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3Cited by3 opinions
- McHarg v. Commonwealth Finance Corp.South Dakota Supreme Court · 1921
- Hotel Concord, Inc. v. CallaghanAppellate Terms of the Supreme Court of New York · 1936
- Clark v. De Wandelaer, New York County Courts1910