McCready v. . Lindenborn
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 7, 1901, sustaining plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division and granting a motion for a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 7, 1901, sustaining plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division and granting a motion for a new trial. On the 9th of October, 1893, the plaintiff leased to the defendant certain premises in the city of New York for the term commencing October 1st, 1894, and ending April 30th, 1904, at the annual rent reserved of $6,400, payable in equal monthly payments in advance. Said lease contained many covenants made by either party, and among…
1Opinion of the Court
Per Gwria/m.
While the complaint is indefinite and the theory of the pleader uncertain, no motion appears to have been made to correct these defects, and if the plaintiff was entitled to recover anything according to a reasonable construction of her complaint, it should not have been summarily dismissed, but she should have been permitted to put in her evidence. The complaint and bills of particulars, when read together, set forth one cause of action for the non-payment of the rent reserved for the month of December, 1894, and another for breach of the covenant to pay any deficiency in case of…
2Cases cited5 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Michaels v. . FishelNew York Court of Appeals · 1902
- Hall v. . GouldNew York Court of Appeals · 1855
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- William Wharton, Jr., & Co. v. WinchNew York Court of Appeals · 1893
3Cited by80 opinions
- New York Life Insurance v. ViglasSupreme Court of the United States · 1936
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Hermitage Co. v. LevineNew York Court of Appeals · 1928
- X.L.O. Concrete Corp. v. John T. Brady & Co.Appellate Division of the Supreme Court of the State of New York · 1984
- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
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