Silattuck v. Buek
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of Eew York dismissing the complaint at the close of the plaintiff’s case, and also from an order denying plaintiff’s motion for a new trial.
1Opinion of the CourtSeabury, J.
This action is brought to recover $750. This sum was deposited with the defendant under the terms of a lease made by the defendant, as landlord, to A. E. *96Rogers, as tenant. The lease bears date August 29, 1901, and provides that “ three months’ rent, namely $1,125, shall be paid upon the execution and delivery of said lease, of which $375 shall apply upon the first month’s rent of the term hereby granted, and the balance, $750, shall be retained by the lessor as a guarantee fund, to be applied upon the rent of the last two months of the said term, upon which six per cent interest shall be…
2Cases cited1 opinion
- Feldman v. . BeierNew York Court of Appeals · 1879
3Cited by3 opinions
- In re Wegman Piano Co.District Court, N.D. New York · 1915
- Wertheimer v. MarksNew York Supreme Court · 1913
- In re the Estate of JohnsonNew York Surrogate's Court · 1938