Foster v. Mulcahey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank L. Stewart, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 26th day of July, 1917, upon the verdict of a jury rendered by direction of the court after a trial at the Oswego Trial Term, and also from an order entered in said clerk’s office on the 23d day of July, 1920, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Davis, J.:
On March 20, 1909, the plaintiff and another, to whose rights he has since succeeded, leased to the appellant and one Mulcahey the first floor and basement of a building known as Nos. 122 and 124 Cayuga street in the city of Fulton for a term of five years, beginning April 1, 1909. The rental was $600 per year payable monthly. There was a provision in the lease giving the parties of the second part the option to renew for a further term of five years at the same rental.
The appellant signed the lease for the sole purpose of giving security for the payment of the rent. He had no…
2Cases cited7 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Herter v. . MullenNew York Court of Appeals · 1899
- Howell v. BehlerWest Virginia Supreme Court · 1896
- Buchanan v. . WhitmanNew York Court of Appeals · 1896
- Bruce v. . Fulton National BankNew York Court of Appeals · 1879
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3Cited by8 opinions
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- Schwalben v. CholowaczukNew York Supreme Court · 1973
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