Browning, King & Co. v. Chamberlain
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. Chamberlain, from a judgment of the Supreme Court in favor of the plaintiff, entered iii the office of the clerk of the county of New York on the 27th day of January, 1912, upon the decision of the court, rendered after a trial at the New York Trial Term, a jury having been waived, and also from an order entered in said clerk’s office on the 22d day of January, 1912, denying the defendant’s motion for a new trial.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, as landlord, in February, 1910, instituted, in • the Ninth District Municipal Court of the city of New York, dispossess proceedings against one Frank W. Terwilliger, as tenant. The defendant in this action was the clerk of that court. The proceeding was instituted on the ground of the non-payment of: rent amounting to $4,583.33. The tenant interposed an answer to the petition, admitting that $850 •— the rent for the month of February — wasi due and unpaid, and alleging he theretofore had been and then was ready to pay it. As to the balance claimed the answer set…
2Cases cited4 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Mann v. . SproutNew York Court of Appeals · 1906
- People ex rel. Terwilliger v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- People ex rel. Kilgallon v. NuhnAppellate Division of the Supreme Court of the State of New York · 1916