Legal Opinion

Yonkers & New York Fire Insurance v. Bishop

New York Court of Common Pleas

Decided February 15, 1865PublishedCited by 11 opinions

Appeal by the defendant from a judgment entered on a referee’s report. The action was brought to recover six months’ rent from May 1st, to ¡November, 1st, 1868, of a portion of the basement of the-building Mo. 161 Broadway. The first story above the basement was leased in February, 1863, by the owner in fee of the premises to the Columbia Fire Insurance Company.

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Appeal by the defendant from a judgment entered on a referee’s report. The action was brought to recover six months’ rent from May 1st, to ¡November, 1st, 1868, of a portion of the basement of the-building Mo. 161 Broadway. The first story above the basement was leased in February, 1863, by the owner in fee of the premises to the Columbia Fire Insurance Company. In March, 1863, the landlord leased the basement to- the plaintiffs-in this action, who in April, 1863, sub-let the rear portion of the premises to the defendant. The defendant’s premises were in part lighted by floor lights from the…

1Opinion of the Court

By the Court.

Daly, F. J.

In the summary proceedings instituted by the plaintiff to dispossess the defendant, the defendant traversed the second allegation that he was indebted to the plaintiff for two quarters’ rent, from the first of May to the first of November, 1863, that he had made default in the payment of the rent, that he had held over after making default, without the landlord’s permission, that the rent had been demanded of him; and set up in his affidavit the facts upon which he now relies as constituting the eviction. The present action *451was brought to recover the quarter’s rent…

2Cases cited1 opinion

  1. Hale v. AndrusNew York Supreme Court · 1826

3Cited by11 opinions

  1. Brown v. Mayor of New YorkNew York Court of Appeals · 1876
  2. People v. StephensNew York Supreme Court · 1876
  3. Hawthorne v. CoursenAppellate Terms of the Supreme Court of New York · 1896
  4. Powers v. WittyNew York Court of Common Pleas · 1872
  5. Brown v. MayorNew York Court of Common Pleas · 1875

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