Greaton v. Smith
New York Court of Common Pleas
This action was tried before-Daly, F. J., and a jury. The action was to recover rent from .August 1, 1351, to May 1, 1355, of premises No. 23 Maiden Lane. The defendants set up an eviction.
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This action was tried before-Daly, F. J., and a jury. The action was to recover rent from .August 1, 1351, to May 1, 1355, of premises No. 23 Maiden Lane. The defendants set up an eviction. " It appeared in evidence' on the trial, that the defendants had been joint tenants of the plaintiff prior to May 1, 155 L Shortly before "that day, they made a paroi agreement with the plaintiff by which it was agreed that defendants should continue in possession of the premises under a lease for ten years, which the plaintiff agreed to have prepared. The defendants, under such agreement, continued in…
1Opinion of the Court
By the Court.
Brady, J.
The defendants were in possession of the premises mentioned in the complaint as the tenants of the plaintiff, down to the 1st of May, 1854. Pri or to that day the plaintiff agreed by paroi to give the defendants a lease for ten years from the 1st of May, 1854, for the same premises atibe rental of $275 per annum, payable quarterly, on the usual quarter days. The defendants continued in possession of the premises after the 1st of May, 1854,.and until the 31st of October following, when they quit them.' They paid the quarter’s rent due on the 1st of August", 1854, at the…
2Cases cited5 opinions
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Smith v. StewartNew York Supreme Court · 1810
- Newton v. . HarrisNew York Court of Appeals · 1852
- Jackson ex dem. Wood v. SalmonNew York Supreme Court · 1830
- Jennings v. AlexanderNew York Court of Common Pleas · 1856
3Cited by7 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Penny v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Lindsley v. MillerAppellate Division of the Supreme Court of the State of New York · 1896
- Haas v. O'ConnellAppellate Terms of the Supreme Court of New York · 1926
- People v. BurnsNew York Supreme Court · 1884
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