Hyman v. Boston Chair Manufacturing Co.
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Eli Hyman against Boston Chair Manufacturing Company, brought to recover damages for the breach of a covenant for quiet and peaceful enjoyment under a lease.
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Appeal from trial term. Action by Eli Hyman against Boston Chair Manufacturing Company, brought to recover damages for the breach of a covenant for quiet and peaceful enjoyment under a lease. On or about the 6th day of August, 1888» plaintiff entered the premises mentioned in the complaint, under a verbal lease with the defendant, which lease was to expire on the 1st day of May, 1889. The plaintiff remained in occupation of the premises until about the 9th day of November, 1888. On that day, and after he had paid the rent for the month of November, he was served with a copy of a precept…
1Opinion of the CourtTruax, J.
It is not necessary,.in order to constitute an eviction, that the tenant be dispossessed or deprived of the demised premises by process of law. It is enough if the tenant yield the possession of the premises to the person having the legal title thereto, or to the person who has been adjudged to be entitled to the possession of the premises. 7 Amer. & Eng. Enc. Law, 36, and cases cited. The rule to be gathered from all the authorities, said the court of appeals in Insurance Co. v. Sherman, 46 N. Y. 373, and which accords with good sense, is that when a judgment of a competent court has…
2Cases cited1 opinion
- The Home Life Ins. Co. v. . ShermanNew York Court of Appeals · 1871
3Cited by3 opinions
- Clinton Cotton Mills v. United StatesCourt of Appeals for the Fourth Circuit · 1947
- Stanley v. ToppingOregon Supreme Court · 1914
- Irrose Realty Corp. v. Warren-Nash Motor Corp.City of New York Municipal Court · 1932