Prince v. Schlesinger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant Leo Sehlesinger, as receiver, etc., from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 28th day‘of February,. 1906, upon the decision of the court 'rendered after á trial at the New York Trial Term, a jury having been waived, as adjudges the defendant liable for rent for the quarter beginning September 1, 1904. Also an appeal by the plaintiff Adolf Prince from so much •of said judgment…
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Appeal by the defendant Leo Sehlesinger, as receiver, etc., from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 28th day‘of February,. 1906, upon the decision of the court 'rendered after á trial at the New York Trial Term, a jury having been waived, as adjudges the defendant liable for rent for the quarter beginning September 1, 1904. Also an appeal by the plaintiff Adolf Prince from so much •of said judgment as exempts the defendant from payment of rent - for the quarter beginning June 1, 1904.
1Opinion of the Court
Houghton, J.:
The Federal Bank of Hew Y ark was a domestic moneyed corporation and the defendant is its receiver. The action is to recover two installments of rent payable in advance.
The plaintiff obtained permission of the court to sue the defendant as receiver, and alleged in his complaint his ownership of the premises in question, the leasing of them to the Federal Bank of New York by written lease, at a stipulated annual rental of $4,000, payable quarterly in advance, beginning the first day of March of' each year, and that on the 1st day of. June, 1904, this defendant was appointed…
2Cases cited10 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Decker v. . GardnerNew York Court of Appeals · 1891
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
- Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
- Matter of Application of OtisNew York Court of Appeals · 1886
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- Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1912
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- Steiger v. FeldmanAppellate Terms of the Supreme Court of New York · 1916
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