Legal Opinion

Hunt v. Wolfe

New York Court of Common Pleas

Decided June 15, 1868PublishedCited by 5 opinions

Appeal from an order made at special term sustaining demurrer and dismissing the complaint, and from the judgment entered thereon. The action was brought to recover rent.

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Appeal from an order made at special term sustaining demurrer and dismissing the complaint, and from the judgment entered thereon. The action was brought to recover rent. The plaintiff alleged, in his amended complaint, that Edwin P. Christy, on the 20th of June, 1859, being the owner of the premises No. 102 • Grand street, let the same by written lease to the defendant, for the term commencing June 20, 1859, and ending May 1, 1860, at the yearly rent of $1,000, payable monthly in advance; that the defendant took possession under the lease, and continued to occupy the premises until May 1,…

1Opinion of the Court

By the Court.-—Brady, J.

It is alleged in the complaint that Edwin P. Christy, being seized in fee simple of the premises mentioned in the complaint, let and rented them to the defendant, by an agreement in writing, from the day named until the 1st May, 1860, at the yearly rent of $1,000, payable monthly in advance, and that the defendant entered into possession of the premises under that agreement, and continued in the occupation of them until the 1st May, 1864, upon the same terms and conditions; that is to say, at the rate of $1,000 a year, payable monthly in advance, which was a reasonable…

2Cases cited3 opinions

  1. Williams v. ShermanNew York Supreme Court · 1831
  2. Osgood v. DeweyNew York Supreme Court · 1816
  3. Jennings v. AlexanderNew York Court of Common Pleas · 1856

3Cited by5 opinions

  1. Brein v. LightAppellate Terms of the Supreme Court of New York · 1902
  2. Brein v. LightAppellate Terms of the Supreme Court of New York · 1902
  3. Hall Steam-Power Co. v. Campbell Printing Press & Manufacturing Co.The Superior Court of the City of New York and Buffalo · 1893
  4. In re VietorCity of New York Municipal Court · 1897
  5. Vietor v. Richards Co.City of New York Municipal Court · 1897

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