Manly v. Clemmens
City of New York Municipal Court
Appeal from trial term. Action by Henry A. Manly against William F. Clemmens. There was a judgment for defendant, and plaintiff appeals.
1Opinion of the CourtFitzsimons, J.
The defendant leased from the plaintiff a loft, being one of several in the same building. It is admitted that the term expired on February 2, 1891, at 12 o’clock noon. It is also admitted that the tenant did not remove from said premises all of his goods until 12 o’clock midnight of that same day, and even left a desk and safe until the following day. The landlord seeks to recover the rent for the month of February, upon the theory that the tenant’s failure to vacate said premises at 12 o’clock noon, on February 2d, constituted a holding over, .which entitled him to receive the full month’s…
2Cases cited1 opinion
- McCabe v. EversCity of New York Municipal Court · 1890
3Cited by3 opinions
- Canfield v. Elmer E. Harris & Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Wood v. GordonNew York Court of Common Pleas · 1892
- Vosburgh v. CornAppellate Division of the Supreme Court of the State of New York · 1897