Gallagher v. Reilly
New York Court of Common Pleas
Appeal from ninth district court. Action for rent by Patrick Gallagher against Charles Reilly. J udgment for defendant. Plaintiff appeals. Code Civil Proc.
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Appeal from ninth district court. Action for rent by Patrick Gallagher against Charles Reilly. J udgment for defendant. Plaintiff appeals. Code Civil Proc. H. Y. if 2253, provides that the issuing of a warrant for the removal of a tenant cancels the agreement for the use of the premises, and annuls the relation of landlord and tenant, except that it does not prevent the landlord from recovering rent due at the time the precept was issued, or for the use and occupation till the time the warrant was issued.
1Opinion of the CourtLarremore, C. J.
This was an action to recover for one month’s rent of house Ho. 81 Bast One Hundred and Sixteenth street. According to plaintiff’s testimony it was an oral hiring for 18 months from October, 1888. A written lease was prepared, but was not shown to defendant until he demanded it, when he objected to the proposed lease, and it was not excuted. Subsequently a dispute arose between the plaintiff and defendant as to the amount then due. The action might have been maintained for the rent, but the plaintiff caused a precept to be issued and served upon defendant, requiring him “forthwith to remove…
2Cases cited4 opinions
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Boehm v. RichNew York Court of Common Pleas · 1885
- Prial v. EntwistleNew York Court of Common Pleas · 1882
- Craver v. WilsonNew York Court of Appeals · 1872
3Cited by7 opinions
- Ash v. PurnellNew York Court of Common Pleas · 1890
- Eastern Offices, Inc. v. P. F. O'Keefe Advertising Agency, Inc.Massachusetts Supreme Judicial Court · 1935
- Riglander v. Nile Tobacco WorksAppellate Terms of the Supreme Court of New York · 1897
- Voorhies v. CummingsAppellate Division of the Supreme Court of the State of New York · 1899
- Baldwin v. ThibaudeauNew York Court of Common Pleas · 1892
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