Baylies v. Ingram
Appellate Division of the Supreme Court of the State of New York
Appeaú by the .defendants, Violet Ingram and another,, from , an . interlocutory judgment of the Supreme Court in favor of '.the .plain.; tiff, entered in the office of the clerk of the county of New York on the 21st day of February, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ separate demurrers to the plaintiff’s second cause of action, as stated in the complaint.
1Opinion of the Court
Hatch, J.:
The demurrers interposed herein state as the grounds thereof that the second cause of action set forth in the complaint does not state facts sufficient to constitute a cause of action.
The complaint sets forth two causes of action: First to recover rent of the demised premises for the months of February and March, 1901. The cause of action as therein stated avers the existence of the lease, the accruing of the rent and the non-payment thereof. The second cause of action sets forth a covenant contained in the lease, providing as follows: “ And the said lessee hereby agrees to pay the…
2Cases cited5 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Michaels v. . FishelNew York Court of Appeals · 1902
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Laughran v. . SmithNew York Court of Appeals · 1878
- Frost v. Akron Iron Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by24 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Anzolone v. PaskuszAppellate Division of the Supreme Court of the State of New York · 1904
- Rosenfeld v. AaronNew York Court of Appeals · 1928
- Slater v. Von ChorusAppellate Division of the Supreme Court of the State of New York · 1907
- Kleinstein v. GonskyAppellate Division of the Supreme Court of the State of New York · 1909
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