Legal Opinion

Smith v. Wagner

New York Court of Common Pleas

Decided June 4, 1894PublishedCited by 2 opinions

Appeal from city court, general term. Action by Harlan P. Smith against Peter Wagner for rent. From a judgment of the city court (27 N. Y. Supp. 423) affirming a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtBookstaver, J.

This action was brought to recover $150 for the rent of the premises 874 Eighth avenue for the months of March and April, 1892. The answer denies certain allegations of the complaint on information and belief, and admits that defendant occupied the premises for the month of November, "1891, and paid the rent therefor. It also admits he occupied the premises for the month of April, 1892, at the rent of $75 per month, which the defendant was willing to pay plaintiff. On the trial it appeared that the premises had been leased by the plaintiff to the firm of Chatfleld Bros., which lease expired…

2Cases cited7 opinions

  1. Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
  2. Litchfield v. . WhiteNew York Court of Appeals · 1852
  3. Journeay v. BrackleyNew York Court of Common Pleas · 1857
  4. Jermain v. PattisonNew York Supreme Court · 1865
  5. Anderson v. HamiltonNew York Court of Common Pleas · 1890

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3Cited by2 opinions

  1. Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
  2. Mead v. MaddenAppellate Division of the Supreme Court of the State of New York · 1903

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