Long v. . Stafford
New York Court of Appeals
Appeal from judgment of the Superior Court of Buffalo in favor of plaintiff, entered upon an order made May 9, 1885, which overruled defendant’s exceptions and directed judgment upon a verdict. The nature of the action and the material facts are stated in the opinion. The judgment in the action against defendant and Scheffer could only be enforced against the joint property of both defendants and the separate property of the defendant served. (Code of Civ.
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Appeal from judgment of the Superior Court of Buffalo in favor of plaintiff, entered upon an order made May 9, 1885, which overruled defendant’s exceptions and directed judgment upon a verdict. The nature of the action and the material facts are stated in the opinion. The judgment in the action against defendant and Scheffer could only be enforced against the joint property of both defendants and the separate property of the defendant served. (Code of Civ. Pro., §§ 1932-1941.) This action prevents the statute of limitations running in favor of the defendant, not served during the pendency of…
1Opinion of the CourtEarl, J.
On the 24th day of October, 1870, Lydia P. Long, the intestate, executed to the defendant and John H. Scheffer a lease of a store in the city of Buffalo. The lease was under seal and executed by the lessor and lessees, and was for six months, to commence on the 1st day of November, 1870, at a rental of $25 per month, with a provision for a continuance for two years longer, as follows: “ And it is further agreed that party of the second part shall have the privilege of continuing this lease for two years from May 1, 1871, to May 1, 1873, at the annual rental of $600,. to be made in monthly…
2Cases cited3 opinions
- Getty v. . BinsseNew York Court of Appeals · 1872
- Maples v. . MacKeyNew York Court of Appeals · 1882
- Tuomy v. . DunnNew York Court of Appeals · 1879
3Cited by39 opinions
- Probst v. . Rochester Steam Laundry Co.New York Court of Appeals · 1902
- Gilbert v. Van KleeckAppellate Division of the Supreme Court of the State of New York · 1954
- Coulter v. Capitol Finance CompanySupreme Court of North Carolina · 1966
- Harding v. SeeleySupreme Court of Pennsylvania · 1892
- Cairns v. LlewellynSuperior Court of Pennsylvania · 1896
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