Phipps v. Oprandy
Appellate Division of the Supreme Court of the State of New York
Appeal from Westchester county court. Action by Edward L. Phipps against John Oprandy. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGoodrich, P. J.
The plaintiff sued the defendant as surety upon a lease to one Canino of premises at Mt. Vernon for a term of 29 months, commencing December 1, 1898, at the yearly rental of $276, payable $23 monthly in advance. The complaint alleges that Canino failed to pay rent for September, October, November, and December, 1899. It is alleged in the answer, in substance, that the plaintiff agreed to give Canino the full enjoyment and occupancy of the premises, with the use and enjoyment of “water privileges and the supply thereof upon said premises,” but that he “violated the agreement upon his part, and…
2Cases cited1 opinion
- Beaudrias v. HoganAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Snowhill v. Diamond Plate Glass Co.Indiana Court of Appeals · 1906