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Keller v. Simm

66 N.Y.S. 1134 Court N.Y. App. Term Decision date 1900-11-07 English

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p. 1134
KELLER, Respondent, v. SIMM et al., Appelants.
(Supreme Court, Appellate Term.
November 7, 1900.)

Headnote

Action by Maurice S. ICelle against George Simm and another. From judgment for plaintiff, defendants appeal.
A: firmed.
Blumenthal, Moss & Feiner, for appe lants. J. Goode, for respondent.

The action is. not one i equity, and the municipal court had jurisdictio to entertain it. Upon the evidence we are nc disposed to interfere with the finding of the jus tice that there was a written memorandum c lease. The defendants failed to show eithe eviction, or acceptance of a surrender of tb premises, or an agreement to release one of th defendants and look to the other. Judgment al firmed, with costs.