Mertage v. Bennett
The Superior Court of the City of New York and Buffalo
Appeal'from special term. Action by James S. Mertage against Sydney A. Bennett. The complaint alleged: “(1) That on or about the 15th day of December, 1890, the above-named defendant entered into an agreement with one Sarah H. Mertage, whereby defendant agreed to hire from the said Sarah H. Mertage certain rooms in, and part of the house known as, ‘No. 603 Fifth avenue,’ in the city of New York, and whereby the said Sarah H. Mertage was to furnish for the said defendant, his…
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Appeal'from special term. Action by James S. Mertage against Sydney A. Bennett. The complaint alleged: “(1) That on or about the 15th day of December, 1890, the above-named defendant entered into an agreement with one Sarah H. Mertage, whereby defendant agreed to hire from the said Sarah H. Mertage certain rooms in, and part of the house known as, ‘No. 603 Fifth avenue,’ in the city of New York, and whereby the said Sarah H. Mertage was to furnish for the said defendant, his wife, two children, and one maid servant, board, lodging, and other extra accommodations, from the time aforesaid,,…
1Opinion of the CourtFreedman, J.
I fa!l to perceive that the order appealed from violates any •substantial right of the defendant. The action is brought to recover the sum of $2,200 as damages for the breach by the defendant of a contract made between defendant and plaintiff’s assignor for the use and occupation of certain rooms, and for board and lodging for the defendant, his wife, two children,. and maid. The complaint fully sets out the contract and its terms, from which it appears that it was made for a certain specified term, and at a rate agreed upon, and under it the plaintiff seeks to recover for the term specified,…
2Cited by1 opinion
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