Hall v. Beston
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Henry J. S. Hall and others, as executors of the last will of William H. Hall, deceased, against Raíala S. Beston, trading under the name of R. S. Beston & Co. From a judgment in favor of plaintiffs, entered on the decision of the court after trial at trial term without a jury, defendant appeals. For opinion on former appeal, see 43 N. Y. Supp. 304. ■ •
1Opinion of the CourtIngraham, J.
The action was brought to recover the rent due by the defendant under a lease between the plaintiffs’ testator and the defendant. The complaint alleged the making of the lease; that the defendant had not paid the rent for the months of May, June, July, August, September, October, November, and December, 1895, aggregating $1,600, except the sum of $450, paid on account, leaving a balance of $1,150 due and unpaid. The answer admits the making of the lease; denies that the rent is unpaid; and alleges as a separate answer and defense, and by way of counterclaim, an agreement between the…
2Cited by3 opinions
- Hart v. ColemanSupreme Court of Alabama · 1915
- Greene v. KerAppellate Terms of the Supreme Court of New York · 1905
- Smith v. SmullAppellate Division of the Supreme Court of the State of New York · 1902