Browning, King & Co. v. Terwilliger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Browning, King & Company, a corporation, from an interlocutory judgment of the' Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of February, 1911, upon the decision of the court, rendered after a trial at the New'York Special Term, overruling the plaintiff’s demurrer to two defenses and a counterclaim set up in the defendant’s amended answer.
1Opinion of the Court
Dowling, J.:. The complaint herein sets forth two causes of action: (1) For the sum of $4,466.71 due under a written lease of premises 1265-1267-1269 Broadway, borough of Manhattan, city of New York, dated April 3, 1908-, and covering the period until May 1,1924, at the annual rental of $11,000 payable bi-monthly, in addition to the sum of $800 annually for Croton water-supplied to said premises, payable monthly, • of which total the sum of $4,583.34 is for installments of rent due August 1, 1908, December 1, 1908, and February 1; 1910, credit being given for $850, deposited in court; and the…
2Cases cited3 opinions
- McCreery v. . DayNew York Court of Appeals · 1890
- Fulton v. VarneyAppellate Division of the Supreme Court of the State of New York · 1907
- Mott v. De NiscoAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by10 opinions
- Owens v. BlackburnAppellate Division of the Supreme Court of the State of New York · 1914
- Maschmeijer v. IngramDistrict Court, S.D. New York · 1951
- Kinsella v. LockwoodAppellate Terms of the Supreme Court of New York · 1913
- William J. Dixon & Co. v. Bronston Bros. & Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Prudence Co. v. Fidelity & Deposit Co.District Court, S.D. New York · 1933
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