Legal Opinion

Morgenthau v. Beaton

Appellate Terms of the Supreme Court of New York

Decided May 19, 1904Published

Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Gustave L. Morgenthau and another against George A. Beaton. From a Municipal Court judgment in favor of plaintiffs, defendant appeals. Affirmed.

1Per curiam

The defendant leased an apartment by a written lease beginning October I, 1902, and ending August 1, 1903, at a monthly rental of $80. The stepmother of the defendant occupied the premises, the defendant regularly paying the rent therefor until November 1, 1903, the lease having expired August 1, 1903. This action was brought to recover for the months of November, and December, 1903, the plaintiffs claiming that the tenant, by holding over after the expiration of the original lease, became a tenant for a new term equal to that of the original lease. 'The occupation of the demised premises by…

2Cases cited4 opinions

  1. Haynes v. . AldrichNew York Court of Appeals · 1892
  2. Schwarzler v. McClenahanAppellate Division of the Supreme Court of the State of New York · 1899
  3. Coleman v. Fitzgerald Bros.Appellate Terms of the Supreme Court of New York · 1899
  4. Schwarzler v. McClenahanAppellate Division of the Supreme Court of the State of New York · 1899

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