Legal Opinion

Jennings v. McCarthy

New York Court of Common Pleas

Decided November 4, 1891PublishedCited by 1 opinion

Appeal from ninth judicial district. Action by Abraham G. Jennings, plaintiff, against Dennis McCarthy, defendant, to recover the possession of demised premises on the ground of the alleged expiration of the term. From a judgment for plaintiff, defendant appeals. 3 Bev.

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Appeal from ninth judicial district. Action by Abraham G. Jennings, plaintiff, against Dennis McCarthy, defendant, to recover the possession of demised premises on the ground of the alleged expiration of the term. From a judgment for plaintiff, defendant appeals. 3 Bev. St. N. Y. p. 2200, § 1, (1 Banks’ 7th Ed.,) provides that “agreements for the occupation of lands or tenements in the city of Sew York, which shall not particularly specify the duration of such occupation, shall be deemed valid until the 1st day of May next after the possession under such agreement shall commence.”

1Opinion of the CourtBischoff, J.

About December 15, 1888, the parties to this proceeding entered into an agreement in writing whereby McCarthy assumed the care of Jennings’ houses líos. 1603 and 1605, Lexington avenue, in the city of New York, including the letting and repairing thereof and the collection of rents. In consideration of the services to be performed by McCarthy, Jennings agreed to pay him a certain rate of commissions on the amount of rents collected, to make allowance of a specified yearly sum for repairs, to furnish him with the ground-floor of one of the houses for janitor’s apartments, and to give him the…

2Cases cited4 opinions

  1. Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
  2. Estate of Norsworthy v. BryanNew York Supreme Court · 1860
  3. People ex rel. McGuire v. UlrichNew York Supreme Court · 1855
  4. People ex rel. Teed v. TeedNew York Supreme Court · 1867

3Cited by1 opinion

  1. 791 Corp. v. EngelCity of New York Municipal Court · 1934

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