Healy v. Malcolm
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Janet T. Malcolm, as executrix, etc., of James F. Malcolm, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the-office of the clerk of the county of Hew York on the 6th day of July, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s 'office on the 2d .day of August, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Janet T. Malcolm, as executrix, etc., of James F. Malcolm, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the-office of the clerk of the county of Hew York on the 6th day of July, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s 'office on the 2d .day of August, 1901, denying the defendant’s motion for a new trial made upon the minutes. This cause of action was assigned to the plaintiff by one Charlotte F„ Tringham.
1Opinion of the Court
Ingraham, J.:
The plaintiff seeks to recover under a contract made by the defendant’s testator, by which the latter agreed to pay $100 per week for the exclusive possession and use of “ said Beatty Cottage and stables and premises for the said period from June 1st to November 1st, 1900,” upon condition that the plaintiff’s assignor would provide the service and board and have the general care of the said premises during the said. period. It appeared that the defendant’s testator and his family took possession of the premises and continued in exclusive possession thereof under the terms, of the…
2Cases cited2 opinions
- Pinney v. . OrthNew York Court of Appeals · 1882
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
3Cited by4 opinions
- Lincoln First Bank of Rochester, N. A. v. Baker (In Re Baker)United States Bankruptcy Court, W.D. New York · 1982
- Healy v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1904
- Healy v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Estate of McGrathAppellate Division of the Supreme Court of the State of New York · 1946