Legal Opinion

Tate v. McCormick

New York Supreme Court

Decided December 15, 1880Published

Appeal by the defendant from a judgment of the County Court of Kings county, entered on a verdict in favor of the plaintifE; and from an order of the said County Court denying a motion for a new trial, made upon the minutes. The plaintiff is the owner of six lots of ground on Gates avenue, between Tompkins and Throop avenues, in the city of Brooklyn, forming part of what is known as Lefferts’ Park.

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Appeal by the defendant from a judgment of the County Court of Kings county, entered on a verdict in favor of the plaintifE; and from an order of the said County Court denying a motion for a new trial, made upon the minutes. The plaintiff is the owner of six lots of ground on Gates avenue, between Tompkins and Throop avenues, in the city of Brooklyn, forming part of what is known as Lefferts’ Park. On February 24, 1877, the plaintiff leased those six lots to one Hyde, who thereafter, and on February 24, 1877, assigned his lease to the defendant, who thereupon went into possession of the…

1Opinion of the Court

Gilbert, J.:

This action was brought to recover rent which had accrued upon: a lease between the plaintiff as lessor, and one ITyde as lessee. The lease bears date February 24, 1877, and demised a part of premises, known as Lefferts’ Park for a term of three years. On the same, day the lease was made, Hyde assigned it to the defendant. On February 23, 1878, the defendant assigned the lease to one Gourlay.. A recovery was had for rent which fell due after the latter-assignment was made. The case contains no exceptions. A. motion was made for a new trial, and denied, and this appeal is. from the…

2Cases cited2 opinions

  1. Carter v. HammettNew York Supreme Court · 1854
  2. Holsman v. De GrayThe Superior Court of New York City · 1858

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