Nelligan v. Campbell
New York Supreme Court
Appeal from Onondaga county court. Action by Maurice Nelligan against George G. Campbell on a contract of guaranty. From a judgment of the county court affirming a judgment for plaintiff rendered in a justice’s court, defendant appeals. Affirmed. The complaint in the justice’s court was “for breach of contract and for rent due in the sum of $200.” The answer contained a denial of the complaint only.
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Appeal from Onondaga county court. Action by Maurice Nelligan against George G. Campbell on a contract of guaranty. From a judgment of the county court affirming a judgment for plaintiff rendered in a justice’s court, defendant appeals. Affirmed. The complaint in the justice’s court was “for breach of contract and for rent due in the sum of $200.” The answer contained a denial of the complaint only. Oh the 12th of August, 1890, the plaintiff executed a lease of his premises 205 and 207 North Salina street, in Syracuse, to Ament & Waldroff, until the 1st day of May, 1891. In the lease it was…
1Opinion of the CourtHardin, P. J.
If the action is to be regarded as one founded upon an implied guaranty on the part of the defendant to execute the contract, or an action for rent due, we think, with the laxity allowed in justice’s court in respect to the pleadings, the complaint must be deemed sufficient. We think Bartholomae v. Kauffmann, 47 N. Y. Super. Ct. 553, sustains the plaintiff’s • right to recovery. That was an action to recover the rent covenanted to be paid by a certain lease between the plaintiffs as lessors and “the trustees of the German-Amerlcan Institute” as lessees, and signed and sealed by the defendant…
2Cases cited3 opinions
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
- Burnham v. . ButlerNew York Court of Appeals · 1865
3Cited by1 opinion
- Schenkberg v. TreadwellAppellate Terms of the Supreme Court of New York · 1905