Estelle v. Dinsbeer
New York Court of Common Pleas
Appeal from eighth district court. Summary proceedings by George B. Estelle, landlord, against Mary Dinsbeer, tenant, to recover possession of premises Ho. 244 West Thirty-Hinth street. There was a judgment in favor of the landlord, and the tenant appeals. Reversed.
1Opinion of the CourtBooestaver, J.
The petition of the landlord recited that the rent for the month of March, 1894, amounting to $125, was unpaid, and that it was due, pursuant to the lease. The answer denied the lease and terms of agreement as set forth in the petition, and alleged that, through fraud and by means of false representations, she paid the landlord $1,000, which is still due her, and further alleged that the landlord failed, to perform the conditions of the agreement, and that the lease became forfeited on or about the 15th February, 1894, on default of the payments therein provided, and, therefore, that the…
2Cases cited11 opinions
- Miller v. . LeviNew York Court of Appeals · 1871
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Stuyvesant v. DavisNew York Court of Chancery · 1842
- Livingston v. . TannerNew York Court of Appeals · 1856
- People Ex Rel. Mitchell v. SimpsonNew York Court of Appeals · 1863
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3Cited by2 opinions
- Kelly v. VarnesAppellate Division of the Supreme Court of the State of New York · 1900
- Friedland v. VogelAppellate Terms of the Supreme Court of New York · 1907