Powers v. Witty
New York Court of Common Pleas
This action was commenced in the 5th district court of this city and removed to this coqrt on application of the defendant.
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This action was commenced in the 5th district court of this city and removed to this coqrt on application of the defendant. It was brought to recover the sum of $233 32-100, for four months rent, to wit, from September 1, 1869, to January 1, 1870, for premises known as the first floor of house, Number 741 Ninth street, in the city of New York; and also for $19.17 rent of those premises from January ], 1870, up to the time the plaintiff obtained possession of them by. a judgment, and warrant issued, in proceedings usually known as “summary proceedings to recover the possession of land,”…
1Opinion of the Court
By the court, Joseph F. Daly, J.
This action was brought to recover $233 32 for rent of premises 741 Ninth Avenue, alleged to be due January 1, 1870, pursuant to the terms of lease made by plaintiff to defendant. On the trial, the plaintiff proved certain proceedings under the Revised Statutes, part 3, chap. 8, title 10, art. 2, § 28, &c., to recover possession of the same premises for non-payment of the same rent, which proceedings were commenced by *357plaintiff against defendant, and in which judgment was rendered in plaintiff’s favor by default, and a warrant was issued under thasame statute,…
2Cases cited7 opinions
- Kelsey v. . WardNew York Court of Appeals · 1868
- White v. . MerrittNew York Court of Appeals · 1852
- Maltby v. GreeneNew York Court of Appeals · 1864
- Yonkers & New York Fire Insurance v. BishopNew York Court of Common Pleas · 1865
- Baron v. AbeelNew York Supreme Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
- Brown v. MayorNew York Court of Common Pleas · 1875
- In re RobertsNew York Court of Common Pleas · 1878
- Feickert v. FreisemNew York Marine Court · 1881