Legal Opinion

In re Duff

New York Court of Appeals

Decided December 15, 1870PublishedCited by 5 opinions

Appeal from an order. An application was made in the supreme court by John A. Duff, receiver, for permission to lease the Olympic theater, .the property placed under his control, at an annual rental of fifteen thousand dollars, to one James E. Hayes, his son-in-law. The peculiar circumstances attending Mr. Duff’s possession of the property are detailed in Bolles v. Duff, Ante.

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Appeal from an order. An application was made in the supreme court by John A. Duff, receiver, for permission to lease the Olympic theater, .the property placed under his control, at an annual rental of fifteen thousand dollars, to one James E. Hayes, his son-in-law. The peculiar circumstances attending Mr. Duff’s possession of the property are detailed in Bolles v. Duff, Ante. The application was opposed by Mr. Bolles, on the ground that the sum proposed was not a fair rent; various affidavits, from theatrical managers and professionals, were offered on both sides, a® to the rental value of…

1Opinion of the CourtGrover, J.

The order off the general term from which the present appeal was taken, was one dismissing an appeal from an order of the special term, prescribing the terms upon which a lease of certain real and personal property, in the city of Hew York, was directed to be executed by the respondents to Mr. Hayes. The respondent was appointed receiver, in an action instituted against him by certain parties claiming the right to redeem the property from him, upon the ground that he was mortgagee in possession, but of which he claimed to be the absolute owner. The appointment of the respondent was made after…

2Cases cited2 opinions

  1. The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
  2. D.M.C. Construction Corp. v. A. Leo Nash Steel Corp.New York Court of Appeals · 1977

3Cited by5 opinions

  1. Morehouse v. YeagerThe Superior Court of New York City · 1874
  2. De Hart v. HatchNew York Supreme Court · 1875
  3. Dollard v. TaylorThe Superior Court of New York City · 1871
  4. Dudley v. GrisslerThe Superior Court of New York City · 1874
  5. Rathbun v. IngersollThe Superior Court of New York City · 1872

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