Kingsbury v. Williams
New York Supreme Court
MOTION for a new trial upon exceptions taken at the circuit, and ordered to be heard in first instance at general term, judgment in meantime suspended. This is. an action by a lessor to recover rent in arrear, from a guarantor or surety in the lease.
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MOTION for a new trial upon exceptions taken at the circuit, and ordered to be heard in first instance at general term, judgment in meantime suspended. This is. an action by a lessor to recover rent in arrear, from a guarantor or surety in the lease. On the 13th of September, 1855, the plaintiff demised by lease to Thomas Hilliard and Walter Bourne, a “ certain village lot" with the buildings thereon,” situated in the village of Lyons, from the first day of October of that year, “ for and during the term of five years then next immediately ensuing, and fully to be complete and ended,” for the…
1Opinion of the CourtE. Darwin Smith, J.
The defendant undertook in and by his agreement and guaranty, indorsed upon the lease, that Hilliard & Bourne, the lessees in said lease, should pay the rent reserved in and by said lease to the lessees, according to the terms and provisions of said lease. The rent, by the terms of the lease, was payable quarterly in the sum of thirty-two dollars and fifty cents, on the first days of January, April, July and October, amounting to $130 in each year. The proofs on the trial show that the said lessees occupied the demised promises under said *150lease and were in arrear for rent for two years and…
2Cases cited3 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Dobbin v. BradleyNew York Supreme Court · 1837
- Bangs v. StrongNew York Court of Chancery · 1842
3Cited by7 opinions
- Coe v. . CassidyNew York Court of Appeals · 1878
- Cohn v. SpitzerAppellate Division of the Supreme Court of the State of New York · 1911
- Heydecker v. HoffmanAppellate Terms of the Supreme Court of New York · 1912
- Holliday v. NolandMissouri Court of Appeals · 1902
- Ullmann Realty Co. v. HollanderCity of New York Municipal Court · 1910
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