Rosenquest v. Canary
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, J.. Wesley Rosenquest and Emeline Col-ville, from a judgment of -the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 23d day of March, 1897, upon the decision -of the court rendered after a trial at the New York Trial Term, before the court without a jury, dismissing the complaint upon the merits, except from so much thereof as dismisses the defendants’ counterclaim, and also from an…
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Appeal by the plaintiffs, J.. Wesley Rosenquest and Emeline Col-ville, from a judgment of -the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 23d day of March, 1897, upon the decision -of the court rendered after a trial at the New York Trial Term, before the court without a jury, dismissing the complaint upon the merits, except from so much thereof as dismisses the defendants’ counterclaim, and also from an order entered in said clerk’s office on the 17th day of March, 1897, denying the plaintiffs’ motion for a hew trial made…
1Opinion of the Court
Patterson, J.:
The precise question presented by the appeal from the judgment herein was passed upon by this court adversely to the respondents’ contention in giving construction to the identical lease upon which *31this action for rent was brought. (Rosenquest v. Noble, 21 App. Div. 583.) It was held that the agreement relating to the deposit of $4,500, to be retained as liquidated damages for a breach of the covenants of the lease, would not satisfy the obligation of these defendants to pay money due under the lease as rent of the premises. The judgment must, therefore, be reversed and a new…
2Cases cited1 opinion
- Rosenquest v. NobleAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Bosworth v. KinghornAppellate Division of the Supreme Court of the State of New York · 1904
- Swenson v. TrowbridgeAppellate Division of the Supreme Court of the State of New York · 1921
- Petsche v. MacDonaldAppellate Terms of the Supreme Court of New York · 1916
- Simpson v. HefterAppellate Terms of the Supreme Court of New York · 1904
- Bobowski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1950
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