Wilson v. Taylor
New York Court of Common Pleas
Appeal from a judgment of the Marine Court of the city of New York, entered upon an order of the general term of that court affirming a judgment entered upon a verdict for the plaintiff rendered at a trial term.
Read the full summary
Appeal from a judgment of the Marine Court of the city of New York, entered upon an order of the general term of that court affirming a judgment entered upon a verdict for the plaintiff rendered at a trial term. The action was brought to recover $70, rent of a stable in the city of New York for the months of August and September, 1878. The complaint alleged that the defendant hired the premises on May 1st, 1878, for a term of one year ending May 1st, 1879, at an annual rent of $420, payable in monthly instalments of $35 on the first day of each month, in advance. This the defendant denied in…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It appears from the *255testimony of the landlord himself that there never ivas any agreement as to the terms of hiring or how long the defendant should remain in possession. That during a period of six y-ears the defendant had paid $450 a year, $37 50 a month, and had always paid it in advance. The statute (R. S. 744, § 1) provides that where agreements do not particularly specify the duration of the occupancy the agreement shall be deemed valid until the first of May next after the possession of such an occupation, and that the rent under such an agreement shall…
2Cases cited2 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Geiger v. BraunNew York Court of Common Pleas · 1876
3Cited by8 opinions
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
- Hungerford v. WagonerAppellate Division of the Supreme Court of the State of New York · 1896
- Ludington v. GarlockNew York Supreme Court · 1890
- Jagau v. GoetzNew York Court of Common Pleas · 1895
- Hoffman v. AllenNew York Court of Common Pleas · 1893
3 more not listed; retrieve them via the Exa API.