Gilfoyle v. Cahill
Appellate Terms of the Supreme Court of New York
Appeal from a judgment for the plaintiff which was rendered by the District Court in the city of Hew York for the eighth judicial district in an action tried by the justice without a jury.
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Appeal from a judgment for the plaintiff which was rendered by the District Court in the city of Hew York for the eighth judicial district in an action tried by the justice without a jury. Action by the assignee of the lessor, against the lessees, to recover a month’s rent for premises in the city of Hew York, the defendants having entered into possession of such premises, with the consent of the lessor, under an oral agreement of lease for more than a year at a monthly rental,.payable in advance, pending the execution of the lease in writing, and having vacated and abandoned the premises…
1Opinion of the CourtBischoff, J.
The action was for a month’s rent, from April 15, 1896, to May 15, 1896, at the rate of $45 per month to May 1st, and $55 per month to May 15th, in all $50, the claim of $47.50 having been explained to have been an error in computation. There was testimony for the defendants to the effect that in ¡November, 1895, the previous oral agreement hereinafter to be alluded to was modified by limiting the letting to May 1, 1896, at a rental payable monthly in advance, and at the rate of $45 per month. This was denied, however, by testimony for the plaintiff, and upon the conflict which thus ensued we…
2Cases cited5 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Reeder v. . SayreNew York Court of Appeals · 1877
- Talamo v. . SpitzmillerNew York Court of Appeals · 1890
- Coudert v. . CohnNew York Court of Appeals · 1890
- Geiger v. BraunNew York Court of Common Pleas · 1876
3Cited by8 opinions
- Drake v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1908
- Olson v. SchevlovitzAppellate Division of the Supreme Court of the State of New York · 1904
- Hand v. Knaul, New York County Courts1921
- J. H. Schneider & Co. v. AmendolaAppellate Terms of the Supreme Court of New York · 1908
- T. I. B. Corp. v. RepettoAppellate Terms of the Supreme Court of New York · 1940
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