O'Neill v. Morris
New York County Courts
On April 22, 1898, the plaintiff O’Neill was the owner of certain real property situate corner of Park avenue and Geddes street, Syracuse, N. T., and on that day he and the defendant executed a lease in writing whereby he leased to the defendant the lower floor of the above premises for the term of one year, beginning May 1, 1898, and to end May 1, 1899, for the sum of $300, $25 payable at the end of each month.
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On April 22, 1898, the plaintiff O’Neill was the owner of certain real property situate corner of Park avenue and Geddes street, Syracuse, N. T., and on that day he and the defendant executed a lease in writing whereby he leased to the defendant the lower floor of the above premises for the term of one year, beginning May 1, 1898, and to end May 1, 1899, for the sum of $300, $25 payable at the end of each month. On October 29, 1898, a judgment in foreclosure Was entered in an action brought by one Frances E. Bondy to foreclose a mortgage upon the above premises, in which action the plaintiff…
1Opinion of the CourtRoss, J.
It is claimed by the defendant-appellant that there ivas an eviction in November, before the rent became due, and that no recovery of a portion of a month’s rent can be had in this case. I think the evidence fails to show an eviction, while it is true that the title passed by the sheriff’s deed of November twenty-ninth. Fort v. Burch, 6 Barb. 60; Fuller v. Van Geesen, 4 Hill, 171; Farrell v. Noel, 17 App. Div. 323.
In Giles v. Comstock, 4 N. Y. 274, Taylor, J., says (p. 274): “ The deed alone, without the order and before confirmation, was sufficient to sustain a suit in éjeetment against a…
2Cases cited9 opinions
- Giles v. . ComstockNew York Court of Appeals · 1850
- Fort v. BurchNew York Supreme Court · 1849
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Zule v. ZuleNew York Supreme Court · 1840
- Clason v. CorleyThe Superior Court of New York City · 1852
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3Cited by2 opinions
- Mason v. LenderothAppellate Division of the Supreme Court of the State of New York · 1903
- Kennerly v. B. F. Avery & Sons Plow Co.Court of Appeals of Texas · 1927