Romaine v. Brewster
New York Court of Common Pleas
Appeal from city court, general term. Action by Benjamin F. Bomaine and others against Thomas F. Brewster for. rent, under a written lease. From a judgment of the city court (27 FT. Y. Supp. 138) reversing a judgment sustaining a demurrer to defendant’s counterclaim, plaintiffs appeal. Reversed.
1Opinion of the CourtBischoff, J.
To an action upon his covenant to pay rent under a lease of an apartment in the plaintiffs’ apartment house, the defendant, besides pleading his eviction, from and abandonment of the demised premises before the accrument of the installments of rent sued for, interposed a counterclaim for dámages alleged to have resulted from the eviction. The plaintiffs demurred to the counterclaim on the ground that it did not arise out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs’ claim, and was not connected with the subject of the action. Code Civ. Proc. §…
2Cases cited6 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Bradley v. De GoicouriaNew York Court of Common Pleas · 1884
- Duff v. HartNew York Court of Common Pleas · 1891
- Biershenk v. StokesNew York Court of Common Pleas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Avrutin v. HenselAppellate Terms of the Supreme Court of New York · 1896
- Hudson v. TarltonCity of New York Municipal Court · 1898
- Romaine v. BrewsterCity of New York Municipal Court · 1895