Holsman v. Abrams
The Superior Court of New York City
Case upon a verdict for plaintiffs taken subject to the opinion of the court at general term. The action was for the recovery of the value of the use and occupation of premises known as Ko. 20 Wooster street, in the city of Kew York, and came on for trial before Mr. Justice Paine, and a jury, on the nineteenth day of April, A. D. 1852, and terminated on that day. The complaint was in the usual form. The answer denied the tenancy.
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Case upon a verdict for plaintiffs taken subject to the opinion of the court at general term. The action was for the recovery of the value of the use and occupation of premises known as Ko. 20 Wooster street, in the city of Kew York, and came on for trial before Mr. Justice Paine, and a jury, on the nineteenth day of April, A. D. 1852, and terminated on that day. The complaint was in the usual form. The answer denied the tenancy. To sustain the issue on the part of the plaintiffs, their counsel called Mordeoai L. Marsh, who, being duly sworn, testified in substance, as follows: I know the…
1Opinion of the CourtBy the Court. Duer, J.
We do not at all doubt that the defendant is entitled to retain the possession of the demised premises, as she now holds them, until the owners of, the reversion, in performance of the covenants in the original lease, shall have actually paid or tendered to her the appraised value of the dwelling-house, which has been erected on the lot, or shall have granted to her a new lease, for the additional term of twenty-one years ; and, to this extent, the case of Van Rensselaer v. Penniman (6 Wend. 596), to which we were referred, may be regarded as a decisive authority. But neither this, nor, as we…
2Cases cited3 opinions
- Phillips v. MongesSupreme Court of Pennsylvania · 1839
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1818
- Jones v. SwanNew York Supreme Court · 1831
3Cited by10 opinions
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
- Simon v. SchmittAppellate Division of the Supreme Court of the State of New York · 1910
- Douglaston Realty Co. v. HessAppellate Division of the Supreme Court of the State of New York · 1908
- Trustees of Columbia University v. KalvinNew York Supreme Court · 1928
- Franklin Land, Mill & Water Co. v. CardSupreme Judicial Court of Maine · 1892
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