Schork v. Moritz
The Superior Court of the City of New York and Buffalo
Appeal from municipal court. Action by Valentine E. Scliork against Gregor M. Moritz, to recover $28 arrears of rent. Defendant pleaded accord and satisfaction by the terms of a written agreement to terminate the lease, which was signed by botli parties. After commencement of the trial, plaintiff was permitted to amend his complaint. The verdict was for plaintiff. From the judgment entered thereon and from the order amending the complaint defendant appealed.
1Opinion of the CourtTitus, J.
This is an appeal from a judgment of the municipal court for $28, in favor of the plaintiff, and against the defendant. It appears from the return that the plaintiff leased to the defendant certain premises on Broadway, for the term of four years and eight months from September 1, 1885. The defendant occupied the premises up to July 31, 1888, at which time he was owing the plaintiff for rent $116. He gave him a check for $80, and agreed to make a suit of clothes worth $28, and pay $2 in cash, in full settlement of the rent. On the 2d of August following the plaintiff, without making any other…
2Cases cited9 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Bowen v. BellNew York Supreme Court · 1823
- Shephard v. LittleNew York Supreme Court · 1817
- Palmerton v. HuxfordNew York Supreme Court · 1847
- Barker v. . BradleyNew York Court of Appeals · 1870
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3Cited by1 opinion
- Runge v. EsanNew York Court of Common Pleas · 1893