Legal Opinion

Davies v. . Mayor, Etc., of City of New York

New York Court of Appeals

Decided October 2, 1883PublishedCited by 14 opinions

Appeal from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 3, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to recover rent for the year ending May 1, 1878, of certain rooms in the city of Hew York, alleged to have been leased for the use of the recorder, and to have been used and occupied up to the date aforesaid.

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Appeal from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 3, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to recover rent for the year ending May 1, 1878, of certain rooms in the city of Hew York, alleged to have been leased for the use of the recorder, and to have been used and occupied up to the date aforesaid. The same leasing was in question in a former action. After the decision of this court therein (83 N. Y. 207) defendant…

1Opinion of the CourtAndrews, J.

The tenancy of the premises for the rent of which this action is brought was initiated under a written lease from the plaintiff to the board of supervisors for the term of one year from May 1, 1872. They were hired for the use of the recorder as his chambers, and he entered into possession and continued to occupy them until about July 1, 1877, when he removed to a city building in Chambers street. The key, however, of the plaintiff’s premises was not delivered to him, nor did the plaintiff resume possession until after May 1, 1878, By the written lease the stipulated rent was $2,000 a year,…

2Cases cited1 opinion

  1. Davies v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880

3Cited by14 opinions

  1. Gray v. . Richmond Bicycle Co.New York Court of Appeals · 1901
  2. Boston Electric Co. v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
  3. Canfield v. Elmer E. Harris & Co.New York Court of Appeals · 1930
  4. Security Life and Accident Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  5. State ex rel. Keith v. Common CouncilIndiana Supreme Court · 1894

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