Number 121 Madison Ave. v. Osgood
New York Court of Common Pleas
Appeal from city court, general term. Action by Number 121 Madison Avenue (a corporation) against John ©. •Osgood to recover rent of apartments in the house 121 Madison avenue, owned and managed by the plaintiff corporation, and claimed to be due for the months of May, June, July, and August, 1889, at $225 per month, and for the first half of the month of September, 1889, at the same rate, under a written lease of said apartments for the term of 18 months, commencing March…
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Appeal from city court, general term. Action by Number 121 Madison Avenue (a corporation) against John ©. •Osgood to recover rent of apartments in the house 121 Madison avenue, owned and managed by the plaintiff corporation, and claimed to be due for the months of May, June, July, and August, 1889, at $225 per month, and for the first half of the month of September, 1889, at the same rate, under a written lease of said apartments for the term of 18 months, commencing March 15, 1888, and ending September 15, 1889. The lease contained a covenant that the lessee should have a renewal' thereof…
1Opinion of the CourtDaly, C. J.
The defendant was lessee of the premises for a term of 18 months, which expired September 15, 1889, with a privilege of renewal, at bis option, for 1 year from the latter date. . Mr. Cleary was the manager of the house for the plaintiff, and in January, 1889, defendant told him that he expected to go abroad with his family about the last of April or first of May, and wished to get a tenant for his apartments for the summer months, and would be glad to give them up entirely if he could be relieved of the rent for the summer months. Cleary said there would be no difficulty; he was satisfied he…
2Cases cited3 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Meehan v. . ForresterNew York Court of Appeals · 1873
- Tallman v. EarleNew York Court of Common Pleas · 1891
3Cited by1 opinion
- Number 121 Madison Ave. v. OsgoodNew York Court of Common Pleas · 1892