Croswell v. Crane
New York Supreme Court
This action was brought to recover the rent of certain premises in the city of Oswego; the plaintiffs counting specially upon a demise alledged to have been made in January, 1845, for a term of one year, to commence the first of May thereafter, at the yearly rent of $450, payable quarterly, and also for the use and occupation of the same premises. The cause was tried before a referee.
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This action was brought to recover the rent of certain premises in the city of Oswego; the plaintiffs counting specially upon a demise alledged to have been made in January, 1845, for a term of one year, to commence the first of May thereafter, at the yearly rent of $450, payable quarterly, and also for the use and occupation of the same premises. The cause was tried before a referee. On the trial the plaintiffs proved that the defendant had occupied the premises, as their tenant, for the year ending May 1,1845, and had underlet a portion of the premises to Carrington & Pardee. The plaintiffs…
1Opinion of the Court
By the Court, Allen, J.
It is at least doubtful, upon the evidence, whether there was a concluded agreement between the parties for the renting of the premises from the first of May, 1845; and had the referee reported against the plaintiffs, upon the ground that no such agreement was proved, I do not think the report could have been disturbed. The evidence of the plaintiffs’ agent shows that at the time when it is claimed that *194a final agreement was made, there were matters left, thereafter to be settled by agreement, viz. the character and amount of the repairs to be made upon the demised…
2Cases cited10 opinions
- In re the case of YatesNew York Supreme Court · 1809
- Broadwell v. GetmanNew York Supreme Court · 1846
- Wilson v. MartinCourt for the Trial of Impeachments and Correction of Errors · 1845
- In re BrownNew York Supreme Court · 1839
- Meriam v. HarsenNew York Court of Chancery · 1847
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3Cited by17 opinions
- McDonald v. HoveySupreme Court of the United States · 1884
- Young v. . DakeNew York Court of Appeals · 1851
- Bradley v. StateSupreme Court of Alabama · 1881
- Elwood v. KlockNew York Supreme Court · 1852
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1897
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