Griffin v. Clark
New York Supreme Court
CERTIORARI to W. H. Van Cott, Esq., justice of the district court of the city of New York, for the fourth judicial district, to remove proceedings had before him for the removal of the defendants from premises, under the statute relative to summary proceedings to recover the possession of land. On February 8th, 1853, Mary Griffin, as executrix of the will of Francis Griffin, deceased, and Benjamin Stephens, as executor of the will of JohnL.
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CERTIORARI to W. H. Van Cott, Esq., justice of the district court of the city of New York, for the fourth judicial district, to remove proceedings had before him for the removal of the defendants from premises, under the statute relative to summary proceedings to recover the possession of land. On February 8th, 1853, Mary Griffin, as executrix of the will of Francis Griffin, deceased, and Benjamin Stephens, as executor of the will of JohnL. Stephens, deceased, by an agreement in writing, leased certain premises in the city of New York to Daniel W. Whitney, for the term of twenty-one years…
1Opinion of the Court
By the Court,
Ingraham, J.
The defendants appeal from an order of the district justice giving to the plaintiff possession of premises under the statute relating to summary proceedings. Mary Griffin was the owner of all the premises at the time of these proceedings. When the rent first accrued, she owned three-fourths of the premises' and Benjamin Stephens one-fourth. Part of the rent which was in arrears belonged to the estate of Benjamin Stephens and was assigned by the representatives of Stephens to her, before commencing the proceeding for possession. Mrs. Griffin demanded the whole rent,…
2Cited by5 opinions
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- Anderson v. DodgeAppellate Division of the Supreme Court of the State of New York · 1913
- People ex rel. Grissler v. StuyvesantNew York Supreme Court · 1874
- Smith v. City of AlbanyNew York Supreme Court · 1872
- State v. KleinSupreme Court of New Jersey · 1893