Hecht v. Heerwagen
New York Court of Common Pleas
Appeal from city court, general term. Action by Henrietta Hecht against Edward O. Heerwagen for rent. The rent was payable in advance on the 1st day of each month, and on the termination of the tenancy, on August 12th, plaintiff sued for the entire rent of that month. The lease provided that “in case of fire, * * * if the premises be so damaged that the landlord shall decide to rebuild, the term shall cease, and the accrued rent be paid up to the time of the fire.”
Read the full summary
Appeal from city court, general term. Action by Henrietta Hecht against Edward O. Heerwagen for rent. The rent was payable in advance on the 1st day of each month, and on the termination of the tenancy, on August 12th, plaintiff sued for the entire rent of that month. The lease provided that “in case of fire, * * * if the premises be so damaged that the landlord shall decide to rebuild, the term shall cease, and the accrued rent be paid up to the time of the fire.” A fire occurred on August 12th, and the landlord elected to rebuild. The court directed a verdict for rent to August 12th only,…
1Opinion of the CourtPryor, J.
The authorities adduced by the learned counsel for the appellant, to which may be added Craig v. Butler, 83 Hun, 286, 31 N. Y. Supp. 963, are conclusive of the proposition that the entire rent for the month of August was due on the 1st day of the month. Hence, aside from any provision in the lease qualifying the legal rights of the parties, the termination of the tenancy on the 12th of August would be no answer to an action for all the rent of the month. But the parties have expressly stipulated that when, on the occurrence of a fire, the landlord elects to end the term, the “accrued rent…
2Cases cited4 opinions
- Zule v. ZuleNew York Supreme Court · 1840
- Craig v. ButlerNew York Supreme Court · 1894
- Brooks v. WhitmoreMassachusetts Supreme Judicial Court · 1886
- Church v. . SeeleyNew York Court of Appeals · 1888
3Cited by3 opinions
- Werner v. PadulaAppellate Division of the Supreme Court of the State of New York · 1900
- Werner v. PadulaAppellate Division of the Supreme Court of the State of New York · 1905
- Carley v. Liberty Hat Manufacturing Co.Supreme Court of New Jersey · 1910