Durant Land Imp Co. v. Thomson-Houston Electric Co.
New York Court of Common Pleas
Appeal from district court. Proceedings by thé Durant Land Improvement Company against the Thomsori-Houston Electric Company to recover real property. From a judgment of the district court dismissing the proceedings, plaintiff appeals. Reversed.
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Appeal from district court. Proceedings by thé Durant Land Improvement Company against the Thomsori-Houston Electric Company to recover real property. From a judgment of the district court dismissing the proceedings, plaintiff appeals. Reversed. In an action by .respondent for apportionment of rent the appellant counterclaimed, and recovered judgment for the rent, for" the nonpayment of which this proceeding is instituted! The judgment antedated the demand for rent in this proceeding. After the issuance of execution on ,the judgment, and before the demand in this proceeding, the respondent…
1Opinion of the CourtPryor, J.
We have given to the case the consideration due to its importance and to the novelty of the point upon which its decision is suspended. Whether the order shall stand depends upon the correctness of three propositions affirmed by the trial justice in favor of the respondent, namely: That no due demand of the rent was made; that the demand was not made upon the tenant; and that, because of a judgment for the rent in behalf of the appellant, and an undertaking given by the respondent on appeal from that judgment, there was no effectual demand, and so no default.
As to the first proposition, it…
2Cases cited11 opinions
- Edwards v. United StatesSupreme Court of the United States · 1881
- Clark v. . RowlingNew York Court of Appeals · 1850
- Chemical National Bank v. ColwellNew York Court of Appeals · 1892
- McLean v. SprattSupreme Court of Florida · 1884
- Butler & Vosburgh v. MillerNew York Court of Appeals · 1848
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3Cited by3 opinions
- Schwartz v. Weiss-NewellCivil Court of the City of New York · 1976
- Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
- Hotel Concord, Inc. v. CallaghanAppellate Terms of the Supreme Court of New York · 1936