Armstrong

Plaintiff alleged a lease in writing of an apartment in the city of New York, for a period of thirteen months- beginning September 1, 1929, and terminating September 30, 1930, at the rental of $1170, payable $90 per month, and sues for a balance due thereon of $720.

Defendant denies the existence of such a lease. Defendant admits the signing of a lease, but alleges on information and belief, that the same was not executed by the plaintiff or any officer or agent of the plaintiff having authority to execute leases. Defendant then alleges that the lease was canceled and terminated by mutual consent.

The case was tried by the court, without a jury, and judgment went for plaintiff as prayed. Defendant appealed.

The first ground urged by appellant is that the finding that the apartment was leased for a stated time of thirteen months is not supported by the evidence. Strangely enough the lease itself was not offered in evidence at the trial. The record discloses that the lease was offered in evidence at the taking of the deposition of plaintiff’s witness, though the return is silent as to the action taken on the offer. However, all the testimony thereafter in the deposition was…