Stern v. Florence Sewing Machine Co.
The Superior Court of New York City
Appeal from judgment on the report of a refereee. The plaintiffs, in their amended complaint, allege that, on the 1st of February, 1871, they rented to the defendants a portion of store No. 34 in Globe Hotel block, in the city of Syracuse, froip. that date until the 1st of May, 1872, at the rate of $1,000 per year, payable monthly, in advance.
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Appeal from judgment on the report of a refereee. The plaintiffs, in their amended complaint, allege that, on the 1st of February, 1871, they rented to the defendants a portion of store No. 34 in Globe Hotel block, in the city of Syracuse, froip. that date until the 1st of May, 1872, at the rate of $1,000 per year, payable monthly, in advance. Defendants went into possession, but have refused to pay said rent; and there was due and unpaid the rent accruing on said lease for the months of November, December, 1871, and January and February, 1872, amounting to the sum of $333.33, with interest…
1Opinion of the CourtMullin, P. J.
The assignee of a lease is not liable for rent of the demised premises except for the time he occupies them, and may at any time terminate his liability for rent by assigning the lease (2 Platt on Leases, 416 ; Taylor on Landlord and Tenant, sec. 444; Woodfall L. and T. [edition of 1871], 208, 369, 681).
The defendant assigned the lease in question to one Ames on the 3d October, 1871, and abandoned possession. Under the authorities referred to, the defendant was no longer liable for the rent; but the referee decides, as matter of law, that the defendant expressly agreed to assume the…
2Cited by2 opinions
- Foster v. OldhamNew York Court of Common Pleas · 1893
- Smith v. WagnerNew York Court of Common Pleas · 1894