Clenighan v. McFarland
New York Court of Common Pleas
Appeal from eleventh district court. Action by Robert Clenighan against William C. McFarland for rent under •a- lease. Defendant set up a counter-claim for breach of an agreement by plaintiff to put the premises in repair before the term, on which the justice of the district court found for defendant for damages equaling or exceeding the amount of the rent, and rendered judgment for defendant. From the judgment plaintiff appealed.
1Opinion of the CourtDaly, C. J.
The action was brought to recover the sum of $208.33 for one month’s rent of the house and premises 3 East Twenty-Seventh street under a lease for a term of two years commencing May 1,1890, made by Mrs. Pfaff to the defendant at an annual rental of $2,500, payable monthly in advance. This action is for the first month’s rent, and the cause of action was assigned to the plaintiff June 1, 1890. The defendant interposed a counterclaim for damages for the breach of an agreement made by the landlord with him before or at the time of taking the lease, by which the lessor agreed as a ■condition upon…
2Cases cited2 opinions
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