Cole v. Sanford
New York Supreme Court
Action by Samuel Cole against Samuel B. Sanford, George Boheny, and Charles C. Pope, as executors and trustees under the will of J. Monroe Taylor, deceased. Plaintiff moves for a new trial on a case and exceptions ordered to be heard at general term in the first instance. Granted.
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Action by Samuel Cole against Samuel B. Sanford, George Boheny, and Charles C. Pope, as executors and trustees under the will of J. Monroe Taylor, deceased. Plaintiff moves for a new trial on a case and exceptions ordered to be heard at general term in the first instance. Granted. In April, 1886, Jefferson M. Levy and Henry L. Clinton were the owners of the fee of Nos. 39 and 41 Cortland street, and remained so until 1887, when they conveyed it to J. Monroe Taylor, who remained the owner until May, 1892, when he died, leaving a last will and testament, which was duly probated June 7, 1892,…
1Opinion of the CourtFollett, J.
The right by which the. plaintiff claims to have occupied the premises is not set forth in his complaint, but it appears by the answer and the concessions on the trial that he was a lessee. By these concessions it appears that his lease expired on the 1st day of May, 1891, and that he paid, and Taylor accepted, $333.33, the rent for that month, but the circumstances under which the payment was made are not disclosed by the concessions nor by the evidence. The landlord having permitted the tenant to occupy the leased premises after the expiration of the term, and having accepted a month’s rent…
2Cases cited5 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Laughran v. . SmithNew York Court of Appeals · 1878
- Giles v. . ComstockNew York Court of Appeals · 1850
- Clarke v. . HowlandNew York Court of Appeals · 1881
- O'Brien v. SmithNew York Supreme Court · 1891
3Cited by3 opinions
- Copeland v. LuttgenAppellate Terms of the Supreme Court of New York · 1896
- Watterman v. FalkAppellate Terms of the Supreme Court of New York · 1958
- Kennedy v. KenderianCity of New York Municipal Court · 1946