Regan v. Kelley
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the City Court of the city of New York, entered on a verdict in favor of plaintiff, and from an order denying their motion for a new trial.
1Opinion of the CourtGuy, J.
The action is for rent under a written lease; the defense that the plaintiff had released, transferred and assigned to the defendants and intentionally and voluntarily forgiven the amount claimed less the sum of sixty-eight dollars and forty-eight cents, for which last named sum the defendants offered to allow judgment, with interest and costs.
The complaint set up the lease, occupation by defendants and payment on account of the stipulated rent, leaving due and unpaid $520.81. The answer denied so much of the complaint as alleged that the said balance was due and owing, and set up the defense…
2Cases cited3 opinions
- Heilbronn v. . HerzogNew York Court of Appeals · 1900
- Hurliman v. SeckendorfNew York City Court · 1894
- Herreshoff v. American & British Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914