
    LEOPOLD v. BAUM.
    (Supreme Court, Appellate Term.
    December 16, 1908.)
    Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Catherine Leopold against David M. Baum. From a judgment for defendant, plaintiff appealed. Affirmed. See, also, 110 N. Y. Supp. 1054. Theall & Beam, for appellant. Isaac V. Schavrien, for respondent.
   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.  