Dorb v. Waybright
Appellate Terms of the Supreme Court of New York
"Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Abraham Dorb against Elehanan Winchester Waybright. Judgment for plaintiff, and defendant appeals. Reversed, unless plaintiff stipulates to reduce the amount of recovery, in which case, affirmed, as modified.
1Opinion of the Court
' BIJUR, J.
The rent of the premises in question was payable monthly in advance on the 15th. On the 13th of September, the August rent not having been paid, a precept was issued, directed to the defendant, returnable September 16th, and on September 16th the warrant. to remove was signed by the justice on the defendant’s default. During the afternoon of the 16th, the defendant moved out all his property voluntarily, and the court below gave judgment in this action for two months’ rent payable in advance on August 15th and September 15th.
This case is similar to Riglander v. Nile Tobacco Works,…
2Cases cited2 opinions
- Rainier Co. v. SmithAppellate Terms of the Supreme Court of New York · 1910
- Riglander v. Nile Tobacco WorksAppellate Terms of the Supreme Court of New York · 1897
3Cited by2 opinions
- Fifth Avenue Investment & Improvement Co. v. Bounsignore Realty Co.Appellate Terms of the Supreme Court of New York · 1912
- Burchell v. BurchellNew York Supreme Court · 1916