Gallagher v. David Stevenson Brewing Co.
New York Court of Common Pleas
Appeal from district court. Summary proceedings by Essie M. Gallagher against the David Stevenson Brewing Company. Judgment was entered in favor of plaintiff, and defendant appeals.
1Opinion of the CourtPryor, J.
In a summary proceeding for the dispossession of a delinquent tenant, it appears that the pursuer held the demised premises as guardian in socage for her infant children, and that she leased them in her own name and as of her own right. The proceeding is prosecuted by her as guardian for the infant owners. For affirmative defense, it was pleaded and proved that she was indebted to the tenant, individually, in a sum exceeding the amount of the unpaid rent. Judgment went against the tenant.
It is argued for the appellant that since the lease was by Essie M. Gallagher in her own right, and the…
2Cases cited6 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Byrne v. Van HoesenNew York Supreme Court · 1809
- Matter of Application of Mary E. HynesNew York Court of Appeals · 1887
- Pond v. CurtissNew York Supreme Court · 1831
- Sylvester v. RalstonNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sanford v. PikeOregon Supreme Court · 1918