Walton v. Stafford
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Robert Stafford and others; for judgment upon an order of the Trial Term of the Supreme Court,.bearing date the 33d day of September, 1896, and entered in the office of the clerk of the county of New York, directing a verdict in favor of the defendants for $3,013.86, subject to the opinion of the Appellate Division.
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Motion by the defendants, Robert Stafford and others; for judgment upon an order of the Trial Term of the Supreme Court,.bearing date the 33d day of September, 1896, and entered in the office of the clerk of the county of New York, directing a verdict in favor of the defendants for $3,013.86, subject to the opinion of the Appellate Division. On the 28th day of February, 1893, the defendants leased to plaintiff’s assignor, Francis T. Walton, the premises known as the Grand Hotel in the city of New York, for a term of four years and six months, at an annual rental of $51,000, payable monthly in…
1Opinion of the Court
Babrett, J.:
The sole question here is as to the validity of the defendants* counterclaim. Were they, upon the agreed facts, entitled to recover from the plaintiff, in his «representative capacity, the rent payable upon the first day of January ? The plaintiff, being an assignee for the benefit of creditors, had an election to accept or decline the lease. .He had a reasonable time to ascertain whether this lease *312could "be made available for the benefit of the creditors whom he represented. If, thereupon, he found that the term, burdened with the j>ayment of rent and the performance of other…
2Cases cited6 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Scheffler v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Hunter v. New York, Ontario & Western RailroadNew York Court of Appeals · 1889
- Kiersted v. . O. and A.R.R. Co.New York Court of Appeals · 1877
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3Cited by19 opinions
- Bishop v. MahikoHawaii Supreme Court · 1940
- Christy v. Wabash Railway Co.Missouri Court of Appeals · 1916
- Town of North Hempstead v. GregoryAppellate Division of the Supreme Court of the State of New York · 1900
- Holtz v. BabcockMontana Supreme Court · 1964
- JPMorgan Chase Bank, N.A. v. MalarkeyAppellate Division of the Supreme Court of the State of New York · 2009
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