Columbia Bank v. Clarke
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court,- Borough of Manhattan, Tenth District. Action by the Columbia Bank against Augustus W. Clarke. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
The plaintiff has recovered a judgment against the defendant upon an alleged oral lease. This appeal presents the question as to whether the evidence proved such an oral lease. The defendant, for 'several years prior to October 1, 1906, leased from the plaintiff an apartment. During this time the defendant had been in possession of the apartment under a lease extending from October 1st to October 1st of each year. The plaintiff claims that in June, 1906, before the expiration of the last written lease, the defendant agreed with the janitress of the apartment that such written lease was to…
2Cases cited1 opinion
- Fleming v. RyanNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Murdock v. FishelNew York Supreme Court · 1910
- Murdock v. FishelAppellate Terms of the Supreme Court of New York · 1910