Smith v. Caputo
New York Court of Common Pleas
Appeal from Second district court. Summary proceeding by John Boyce Smith against Vincenzo Caputo to recover the possession of land. Judgment was rendered for defendant, and plaintiff appeals. Reversed.
1Opinion of the CourtBischoff, J.
The sole issue litigated upon the trial in this proceeding was as to the existence of an oral agreement of lease for one year of the premises No. 197£ Worth street. The respondent, Caputo, had been in possession of the premises Nos. 197 and *128197J Worth street, as undertenant of one Moriarty, whose lease from the original owners of the property expired May 1, 1895, after which date the appellant claimed that Caputo unlawfully held possession of No. 197J. No question was raised with regard to his possession of No. 197. On behalf of the respondent it was shown that one James Z. Smith promised…
2Cases cited1 opinion
- Kirchner v. SchmidNew York Court of Common Pleas · 1893