Grey v. Sheridan Electric Light Co.
New York Supreme Court
Trial before a referee. John Grey brought this action against the Sheridan Electric Light Company, for rent upon a written lease of the upper stories of a building, with steam power. Prior to this action the plaintiff brought an action for rent accruing during another period under the lease in question, in which a counterclaim was interposed for breach of plaintiff’s agreement to furnish steam power.
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Trial before a referee. John Grey brought this action against the Sheridan Electric Light Company, for rent upon a written lease of the upper stories of a building, with steam power. Prior to this action the plaintiff brought an action for rent accruing during another period under the lease in question, in which a counterclaim was interposed for breach of plaintiff’s agreement to furnish steam power. In that action the defendant made an offer of judgment which the plaintiff accepted and entered judgment accordingly. In defense of the present action the defendant now alleges, among other…
1Opinion of the Court
James A. Blanchard, Ref.
[After stating the facts, and considering the question whether the counterclaim in the former suit was res adjudicata against the counterclaim, *155and so holding]. The act of the sheriff’s deputy in permanently locking up the defendant’s premises on February 1,1883, using the sheriff’s lock and carrying away the key, and thereby excluding the defendant, its officers and employees from the premises, was utterly unwarranted by law. The warrant of attachment gave him no such express or implied power. It was merely his duty to attach and safely keep the property of the…
2Cases cited4 opinions
- Nixon v. . PalmerNew York Court of Appeals · 1853
- Seymour v. . WyckoffNew York Court of Appeals · 1851
- The Farmers' Loan and Trust Co. v. . WalworthNew York Court of Appeals · 1848
- Raney & Cheney v. WeedThe Superior Court of New York City · 1850
3Cited by2 opinions
- Treiber v. MouriocourtCity of New York Municipal Court · 1932
- Yokoyama v. San Carlos Operating Co.City of New York Municipal Court · 1932