Darby v. . Callaghan
New York Court of Appeals
Appeal from the Supreme Court. The action was brought in the City Court of Brooklyn, to recover the possession of a house and lot. It appeared on the face of the complaint that the plaintiff was a married woman.
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Appeal from the Supreme Court. The action was brought in the City Court of Brooklyn, to recover the possession of a house and lot. It appeared on the face of the complaint that the plaintiff was a married woman. On the trial she produced and proved a lease, under seal, of the premises in question, executed to her by William D. Murphy, who appeared as her next friend in the action, by which the premises were let and rented to her, for the term of one year and five months, at the yearly rent of forty-five dollars, payable quarterly. The lease was not signed by the plaintiff. She further proved…
1Opinion of the Court
The plaintiff, who is a married woman, took a lease, under seal, of the premises sought to be recovered in this action, dated September 15th, 1851, for the term of one year and five months, at the annual rent of forty-five dollars, to be paid quarterly to William D. Murphy, her landlord, who owned the premises. The defendant put her out of possession on the 20th of February, 1852. The lease was executed by the landlord, but not by the plaintiff, and was delivered by him to the plaintiff's husband. On this state of facts the judge of the City Court of Brooklyn dismissed the complaint on the…
2Cited by15 opinions
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- Vandevoort v. . GouldNew York Court of Appeals · 1867
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- Cashman v. . HenryNew York Court of Appeals · 1878
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