Evans v. Conklin
New York Supreme Court
Appeal from Onondaga county court. Action by Harry Evans against Frank W. Conklin and another, commenced in a justice’s court, to recover rent alleged to be due by virtue of a lease. A judgment for plaintiff was affirmed on appeal to the county court, and defendants appeal.
1Opinion of the CourtHardin, P. J.
Loughran v. Smith, 11 Hun, 311, is an authority for holding that the lease is valid between the plaintiff and the lessee who occupied under the same, notwithstanding the fact that it was not signed by the plaintiff; and the production of the lease, and the proof given on the trial that the lessee, Frank Conklin, entered into possession of the premises, and occupied the same, and the rent had not been paid, quite satisfactorily established a cause of action against Frank Conklin, the lessee.
2. When the plaintiff rested a motion was made to “dismiss the complaint, as against Luther Conklin, on…
2Cases cited4 opinions
- Brewster v. . SilenceNew York Court of Appeals · 1853
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Allen v. Fosgate & FosgateNew York Supreme Court · 1855
- Gould v. MoringNew York Supreme Court · 1858
3Cited by3 opinions
- Brown v. O'ByrneSupreme Court of Alabama · 1907
- Ringrose v. GleadallCalifornia Court of Appeal · 1911
- Roehr v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1896