Sea Gate Hotel Co. v. Nahmmacher

The question arises here as to the force and effect of a judgment in a summary proceeding. This is an action for rent, and the plaintiff’s case rests principally upon the papers in a summary proceeding between the same parties as are now in court, which papers are in evidence in this action.

The petition in the summary proceeding sets forth (among other things) that the landlord and the tenant made an agreement “on or about the 27th day of July, 1917,” whereby “ the said tenant hired from the *316said landlord the said premises before described, for the term of one day and undertook and promised…