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Holloway v. Schmidt

James W. Holloway v. Frederick Schmidt

Holloway v. Schmidt, 33 Misc. 747 (1900)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
November 15, 1900
Citations
33 Misc. 74767 N.Y.S. 169
Cited by 12
Summary
Appeal from a judgment in favor of the defendants, rendered in the Municipal Court of the city of Hew York, tenth district, borough of Manhattan.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

The words “ first privilege of a renewal ”, as used in the lease, meant the prior right to a lease of five years upon terms the same as those in the lease of 1895, provided the landlord should give a lease.

This construction seems reasonable, particularly in view of the evidence of Mrs. Schmidt that when the lease was first made and her husband came down, Mr. Peering said “we don’t give no ten years ”.

The order is reversed, with costs. An order of dispossession will be granted.

Present: Tbuax, P. J., Scott and Dugbo, JJ.

Order reversed, with costs. Order of dispossession granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1914: 21916: 11919: 11929: 11930: 11940: 11942: 11947: 11949: 11951: 11989: 119142026peak 1914 · 2

Relies on it most ⓘ

  1. Laevin v. St. Vincent De Paul Society of Grand Rapids36 N.W.2d 163 (Mich. 1949)
  2. State v. Niehaus228 N.W. 308 (Iowa 1929)
  3. Falkenstein v. Popper183 P.2d 707 (Cal. Ct. App. 1947)
  4. Jamison v. Lindblom110 N.E.2d 9 (Ohio Ct. App. 1951)
  5. Dale Carnegie Courses Corp. v. Eastern Courses Corp.263 A.D. 330 (1942)
  6. R. I. Realty Co. v. Terrell172 N.E. 262 (N.Y. 1930)

Most recent

  1. Czapp v. Cox445 N.W.2d 218 (Mich. Ct. App. 1989)
  2. Jamison v. Lindblom110 N.E.2d 9 (Ohio Ct. App. 1951)
  3. Laevin v. St. Vincent De Paul Society of Grand Rapids36 N.W.2d 163 (Mich. 1949)
  4. Falkenstein v. Popper183 P.2d 707 (Cal. Ct. App. 1947)
  5. Dale Carnegie Courses Corp. v. Eastern Courses Corp.263 A.D. 330 (1942)
  6. Landowners Co. v. Pendry100 P.2d 632 (Kan. 1940)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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