Ely v. Spiero
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur IT.- Ely, from an interlocutory judgment of the Supreme Gourt in favor of the defendant, entered-in the office of the clerk of the county of Kings on the 13th day of, October, 1897, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the plaintiff’s demurrer to the second separate defense set out in the amended answer. ’ ’ ’ ■
1Opinion of the Court
Willard Bartlett, J.:
■ This is an action by a lessor against a lessee to recover $416.66, being the stipulated rent for the month of February, 1897, alleged to be due and owing from the defendant to the plaintiff, under a written lease of real property.
The answer, after denying that the defendant covenanted to pay the rent at the times stated in the complaint, and also denying that the plaintiff has performed all the conditions of the lease on his part, sets up a counterclaim alleging that, by the terms of the lease, the plaintiff was to furnish the defendant with an electric current…
2Cases cited5 opinions
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Myers v. . BurnsNew York Court of Appeals · 1866
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Kelsey v. . WardNew York Court of Appeals · 1868
- Seymour v. EllisonCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by6 opinions
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Volga Realty Corp. v. Chauncey Holt Co.Appellate Terms of the Supreme Court of New York · 1918
- Silberberg v. TrachtenbergAppellate Terms of the Supreme Court of New York · 1908
- Hirsch v. OlmesdahlAppellate Terms of the Supreme Court of New York · 1902
- Pakas v. ShinbergAppellate Terms of the Supreme Court of New York · 1906
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