Johnson v. Oppenheim
The Superior Court of New York City
Appeal from judgment entered upon the verdict of a jury, and from order denying defendants’ motion for a new trial upon the judge’s minutes. This action is brought to recover a quarter’s rent, ■and is substantially the same as the action between the same parties for the preceding quarter’s rent, where judgment was rendered for the plaintiff and affirmed by the General Term of this court, and reported in 34 N. Y. Supr. Ct.
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Appeal from judgment entered upon the verdict of a jury, and from order denying defendants’ motion for a new trial upon the judge’s minutes. This action is brought to recover a quarter’s rent, ■and is substantially the same as the action between the same parties for the preceding quarter’s rent, where judgment was rendered for the plaintiff and affirmed by the General Term of this court, and reported in 34 N. Y. Supr. Ct. R., p. 416; with an additional cause of action for the recovery of a tax imposed and laid on the demised premises during the term, which tax was paid by plaintiffs on the…
1Opinion of the Court
By the Court.—Curtis, J.
It is not proposed to-*444consider any of the questions arising in this case, that were passed upon by the General Term in the determination of the first action.
The appellants, however, submit as res nova, that the plaintiffs are not entitled to recover the tax of $2,043, paid' December 14, 1869.
This tax was laid upon the demised premises during the term of the lease. It was then due and payable, and the defendants, by a covenant in the lease, obligated themselves to pay it when it should become due and payable.
The action is to recover the quarter’s rent falling due…
2Cases cited2 opinions
- Whitney v. MeyersThe Superior Court of New York City · 1852
- McDonald v. BunnNew York Supreme Court · 1846