Appellate Terms of the Supreme Court of New York, 1908

Leopold v. Baum

Leopold v. Baum
Appellate Terms of the Supreme Court of New York · Decided December 16, 1908 · Hendrick
113 N.Y.S. 1136 (New York Supplement)
Leopold v. Baum

Opinion of the Court

HENDRICK, J.

The testimony shows that the parties to this action treated the various payments of rent as payable on the 1st of each month for one month in advance, and not as payable on the 15th of the month. By these payments the rent for the month of September, 1907, was fully paid. It may be that a claim exists in favor of the former landlord; but there is no assignment of that claim, and it is not sued upon here. Judgment affirmed, with costs. All concur.

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