Fleischman v. . Toplitz
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 6, 1890, which modified a verdict for the plaintiff directed by the trial court, by deducting therefrom $9,188, and in all other respects overruled the exceptions directed to be heard in the first instance at the General Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 6, 1890, which modified a verdict for the plaintiff directed by the trial court, by deducting therefrom $9,188, and in all other respects overruled the exceptions directed to be heard in the first instance at the General Term. The action was to recover for money expended by the plaintiff in the removing the debris and carcasses of dead horses from premises on West Thirtieth street. New York city, immediately after a fire which occurred July 25, 1877, and destroyed…
1Opinion of the CourtLandon, J.
The defendant’s motions for a nonsuit were properly denied. They were based upon the assumption, which, we think, was untenable as a matter of law, that the relation of landlord and tenant continued between the parties, after the destruction of the buildings by fire until the plaintiff' gave notice of his intention to surrender the leasehold premises, or at least until he did surrender them.
His requests to go to the jury were coupled with the same assumptions of law, and he thereupon asked the instruction that if the plaintiff did not give the notice of his intention to surrender the premises…
2Cases cited2 opinions
- Smith v. . KerrNew York Court of Appeals · 1888
- Hartley v. . HarrisonNew York Court of Appeals · 1861
3Cited by12 opinions
- Waters v. Kings County Trust Co.Court of Appeals for the Second Circuit · 1944
- Trumbull v. BombardAppellate Division of the Supreme Court of the State of New York · 1916
- Turner v. HowardSupreme Court of Vermont · 1916
- Lincoln Square Corp. v. Motor City Paper Tube Co.Michigan Supreme Court · 1954
- Packard Motor Car Co. v. American Balsa Wood Corp.New York Court of Appeals · 1929
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