Legal Opinion · Concurrence

Devine v. Kilcommons

Appellate Terms of the Supreme Court of New York

Decided April 8, 1910Published

Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Thomas F. Devine against John Kilcommons. From a judgment of the Municipal Court for plaintiff, defendant appeals.

1Concurrence

LEHMAN, J. (concurring).

The action is brought to recover $250 rent claimed to be due for November and December, 1909,- under an oral lease "for a six months term. The plaintiff introduced in evidence a judgment roll of a former action between the same parties for rent from the same premises. In that action the plaintiff alléged that defendant was a tenant, and that by the terms of his tenancy the sum of $125 was due the plaintiff as rent on October 7, 1909, and was unpaid. The answer was a general denial and a plea of surrender, and the trial justice gave judgment for the plaintiff.

By parol…

2Cases cited4 opinions

  1. House v. . LockwoodNew York Court of Appeals · 1893
  2. Stecher v. Independent Order Free Sons of JudahAppellate Terms of the Supreme Court of New York · 1904
  3. Hawkins v. George Ringler & Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Rothstein v. SteinbuglerAppellate Terms of the Supreme Court of New York · 1907

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