Upington v. Pooler
New York Supreme Court
Appeal from circuit court, New York county. Action by Marie T. Upington against Louis J. Pooler. From a judgment for plaintiff, defendant appeals.
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Appeal from circuit court, New York county. Action by Marie T. Upington against Louis J. Pooler. From a judgment for plaintiff, defendant appeals. Testator’s will gave to defendant’s father, from whom defendant inherited as heir at law, “my house and lot known as ‘No. IS Spring street,’ in the city of New York, being about twenty-three feet wide on Spring street, by about one hundred and twenty-eight feet in length on Elizabeth street,” and to plaintiff “ the rents, issues, and profits of my house and lot known as-•No. 15 Spring Street,’ in the city of New York, * * * during her life, to her…
1Opinion of the CourtO’Brien, J.
The action was brought in form as for money had and received, and the questions litigated relate to the division of rents received from certain premises at the corner of Spring and Elizabeth streets, in the city of New York. The plaintiff claimed to be entitled to one-third of the net rents received from the property during the time covered by this action, and alleged that the defendant was entitled to two-thirds thereof; but, the latter having collected a greater amount, a recovery is sought for the excess over such two-thirds of the rents received by the defendant. From the judgment in…
Also in this document: Concurrence.
2Cited by7 opinions
- Howe v. WoolseyNew York Court of Common Pleas · 1894
- Matchett v. LindbergAppellate Division of the Supreme Court of the State of New York · 1896
- McCarthy v. GallagherNew York Court of Common Pleas · 1893
- Dibble v. DimickNew York Court of Common Pleas · 1893
- Katz v. KosterThe Superior Court of New York City · 1893
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