Launitz v. Dixon
The Superior Court of New York City
This was an action brought to recover a balance of account, alleged to be due from the defendant-, for the rent of certain premises, in the city of New York, and for marble, sold and delivered to the defendant.
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This was an action brought to recover a balance of account, alleged to be due from the defendant-, for the rent of certain premises, in the city of New York, and for marble, sold and delivered to the defendant. The complaint set forth :—(1.) That plaintiff furnished warehouse room to the defendant, in premises, situated on the third floor of a building, then located at No. 536 Broadway, in the city of New York, from the 1st February, 1849, to the 1st February, 1850, and that the same was worth $50. (2.) That he furnished certain other rooms, being two garret rooms, on the same floor of said…
1Opinion of the Court
By the Court.
Sandford, J.
There is no complaint of the first item allowed by the referee, the $24 11 balance of the marble account. As to the $20 allowed for the use and occupation of a part of the room adjoining those described in the plaintiff’s lease to Dixon & Stoney, in 1845, if the question were submitted to us as jurors, we think we should have decided against the plaintiff. The language of the receipt for rent, dated February 2d, 1850, together with the mode of occupying the room during the whole time the defendant was a tenant, goes far to show that it was considered as a part of the…
2Cases cited1 opinion
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
3Cited by2 opinions
- Bailey v. LansingU.S. Circuit Court for the District of Northern New York · 1876
- Springsteen v. PowersThe Superior Court of New York City · 1865