In re Eddy
New York Supreme Court
This was a motion in behalf of RosinaE. Eddy, for the repayment to her of certain rent paid by her under protest to the receiver appointed in the action of the People against the Globe Mutual Life Insurance Company. Further facts sufficiently appear from the opinion.
1Opinion of the CourtWestbrook, J.
Prior to June 11,1881, on which day she became the owner thereof by a conveyance from the receiver, Rosina E. Eddy occupied the premises No. 110 West One Hundred and Twenty-third Street, in New York city, as the tenant of James D. Fish, the receiver of the Globe Mutual Life Insurance Company.
By the terms of the lease the rent was payable on the first day of each month, in advance. With the transfer of the property by deed on June 11, 1881, the lease was also assigned, but on that day the receiver demanded and received from the petitioner the rent for the property during such month of June,…
2Cases cited2 opinions
- Zule v. ZuleNew York Supreme Court · 1840
- Clapp v. AstorNew York Court of Chancery · 1834
3Cited by3 opinions
- Miller v. CrawfordNew York Supreme Court · 1891
- Sacandaga Realty Corp. v. HenesAppellate Division of the Supreme Court of the State of New York · 1916
- Sacandaga Realty Corp. v. HenesAppellate Terms of the Supreme Court of New York · 1916