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