Jay v. Kirkpatrick
New York Supreme Court
Demurrer to counterclaim.
1Opinion of the CourtRussell, J.
Demurrer to counterclaim. The plaintiff sues for the sum of $1,333.33, the last month’s installment of rent due from the defendant upon the five years’ lease expiring Hay 1, 1898, made with the deceased testatrix. The defendant defends only by counterclaim, averring that the deceased during his occupation agreed, if he would allow repairs of some iron pipes, she would put on a new floor, and that he, consenting, suffered much loss and inconvenience in business in consequence of her acts under such agreement, and the violation of her obligation to lay down the new floor so that his injury…
2Cases cited3 opinions
- Executors of Van Rensselaer v. Executors of PlatnerNew York Supreme Court · 1800
- Fay v. HolloranNew York Supreme Court · 1861
- Wright v. WilliamsNew York Supreme Court · 1826