Newcombe v. Eagleton
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an affirmance by the Oity Court, General Term, of a judgment of the Trial Term, in favor of the plaintiff, entered upon the verdict of a jury. The action was brought against the defendant as surety for one Thomas E. Flannery, for rent under a lease of the premises Ros. 702 and 704 Washington street.
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Appeal by the defendant from an affirmance by the Oity Court, General Term, of a judgment of the Trial Term, in favor of the plaintiff, entered upon the verdict of a jury. The action was brought against the defendant as surety for one Thomas E. Flannery, for rent under a lease of the premises Ros. 702 and 704 Washington street. The rent claimed was a balance of $100, due for August, 1895, and $400, due for September, 1895. The defense pleaded was that the tenant had been dispossessed by the landlord iñ May, 1895, by warrant duly issued from the Third District Court, under which the plaintiff…
1Opinion of the CourtDaly, P. J.
It appears from the record that proceedings had been commenced in the Third District Court, by the plaintiff, as landlord, to dispossess his tenant, Flannery, for nonpayment of rent which fell due in May, 1895, under the lease upon which the defendant was surety for said tenant. The parties appeared in court on the day when the precept was returnable, May 28th. The tenant and his surety were both *604there. The tenant asked for a week in which to pay, and the justice granted a stay until May 31st. Thereupon the parties' left the court-room. The next cky, the 29th, the landlord received from the…
2Cases cited2 opinions
- Ash v. PurnellNew York Court of Common Pleas · 1890
- Baldwin v. ThibadeauNew York Court of Common Pleas · 1891
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- Hoffert v. DuttonAppellate Terms of the Supreme Court of New York · 1911
- Asbyll v. HaimsNew York Supreme Court · 1902