Waller v. Thomas
New York Court of Common Pleas
This action was brought against the defendants as members of a social association, called the City Club, to recover the amount due for rent of the premises occupied by the defendants as such association. The defendant, Thomas, demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The facts alleged in the complaint are stated in the opinion of the court.
1Opinion of the CourtLarremore, J.
The complaint alleges, that at the time of the letting by plaintiffs assignor of the premises in question, the defendants were members' of, and partners in, an association known as “The City Club; ” that the lease was *338made to the three of said members in pursuance of the authority and direction of said club, and for its use; that the members of said club subsequently ratified said lease, and entered into possession of, and occupied said premises, until May 1, 1870; that said defendants had paid various sums on account of rent thereof, leaving a balance of $1,364.63 due thereon; that said…
2Cases cited16 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Williams v. . the PeopleNew York Court of Appeals · 1862
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3Cited by3 opinions
- Indiana Natural Gas & Oil Co. v. HintonIndiana Supreme Court · 1902
- Brady v. Mutual Benefit Department of the Order of Railway Conductors of AmericaCourt of Appeals of Kentucky (pre-1976) · 1926
- Clancy v. TerhuneNew York Marine Court · 1880