Ireland v. Nichols
The Superior Court of New York City
This is an action to recover possession of real property. The complaint alleges that plaintiff being the owner of the premises, leased the same for.a term of years to the defendant Nichols by lease, with covenants against under-letting, unless by the consent in writing of the lessor. That defendant under-let the whole to the other defendants without any permission whatever of his landlord.
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This is an action to recover possession of real property. The complaint alleges that plaintiff being the owner of the premises, leased the same for.a term of years to the defendant Nichols by lease, with covenants against under-letting, unless by the consent in writing of the lessor. That defendant under-let the whole to the other defendants without any permission whatever of his landlord. Whereupon he demands judgment of forfeiture of the lease and delivery of possession of the premises and damages for the withholding thereof in double the value of the use and occupation. The defendant in…
1Opinion of the CourtBy the court. Fithian, J.
I am of opinion that on the application for the appointment of a receiver, the plaintiff established a sufficient “ apparent right to profits ” to entitle him to a receiver, provided this be a case in which a receiver can be appointed at all. The plaintiff’s title is admitted, *230and the alleged acts of forfeiture are admitted. The defense consisting of affirmative allegations of waiver. Upon the pleadings on the trial, plaintiff would be entitled to rest without proof, and demand judgment in his favor, unless defendant could affirmatively show a defense ; certainly no mere “ apparent right ”…
2Cases cited1 opinion
- Thompson v. SherrardNew York Supreme Court · 1861
3Cited by2 opinions
- Ireland v. NicholsThe Superior Court of New York City · 1870
- Edwards v. StebbinsSupreme Court of Oklahoma · 1925