Keller v. Simm

Appellate Terms of the Supreme Court of New York

Keller v. Simm

32 Misc. 735, 66 N.Y.S. 1134

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1900

StatusPublished

This text of 32 Misc. 735 (Keller v. Simm) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keller v. Simm, 32 Misc. 735, 66 N.Y.S. 1134 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The action is not one in equity,' and the Municipal Court had jurisdiction to entertain it. Upon the evidence we are not disposed to interfere with the finding of the justice that there was a written memorandum of lease. The defendants failed to show either eviction or acceptance of a surrender of the premises, or an agreement to release one of the defendants and look to the other.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.

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Per Curiam.

The action is not one in equity,' and the Municipal Court had jurisdiction to entertain it. Upon the evidence we are not disposed to interfere with the finding of the justice that there was a written memorandum of lease. The defendants failed to show either eviction or acceptance of a surrender of the premises, or an agreement to release one of the defendants and look to the other.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

32 Misc. 735, 66 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-simm-nyappterm-1900.