Whitney v. Meyers
The Superior Court of New York City
Appeal from a judgment at special term on a verdict in favor of the plaintiff. The action was brought on a sealed lease executed by both parties, dated February 3d, 1849, by which the plaintiff leased to defendant certain premises for one year from the 1st of May thereafter, at §700 per annum, payable quarterly in advance, and by which the defendant covenanted to thus pay the rent, and not to assign, let, or underlet the whole premises without the written consent of the…
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Appeal from a judgment at special term on a verdict in favor of the plaintiff. The action was brought on a sealed lease executed by both parties, dated February 3d, 1849, by which the plaintiff leased to defendant certain premises for one year from the 1st of May thereafter, at §700 per annum, payable quarterly in advance, and by which the defendant covenanted to thus pay the rent, and not to assign, let, or underlet the whole premises without the written consent of the plaintiff under the penalty of forfeiture and damages. The complaint alleged the execution of the lease, its terms, and…
1Opinion of the CourtBy the Court. Bosworth, J.
The important question in this case is, did the judge before whom it was tried correctly decide “ that no evidence had been given on the part of the defendant, sufficient to go to the jury on the question of a surrender of the lease in question?”
If it was agreed absolutely and unconditionally between the plaintiff, defendant, and Mandlebaum, that plaintiff would accept the latter as his tenant in lieu of the defendant for the residue of the term, and take payment of the rent monthly in advance, instead of quarterly, at the rate of $70ff p<fer annum, and if this agreement was executed by the…
2Cases cited1 opinion
- Schieffelin v. CarpenterNew York Supreme Court · 1836
3Cited by19 opinions
- Beall v. WhiteSupreme Court of the United States · 1877
- Chamberlain v. . DunlopNew York Court of Appeals · 1891
- Campbell v. NixonIndiana Court of Appeals · 1891
- Donkersley v. LevyMichigan Supreme Court · 1878
- Riglander v. Nile Tobacco WorksAppellate Terms of the Supreme Court of New York · 1897
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