Valentine v. . Healey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 2Y, 1903, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 2Y, 1903, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. TJpon the termination of the lease Mr. Healey had a right to assume his authority over the premises as an owner and tenant in common, and as such to occupy his own property and to permit his firm to occupy with him and for him under his right.…
1DissentO’Bbiek, J.
In this case the plaintiff was the
owner of three-fourths of the demised premises. The defendant Healey was the owner of the other fourth, and a member of the firm that went into possession of the premises under a written lease, agreeing to pay a stipulated rent three-fourths of it to the plaintiff and to surrender possession of the premises at the expiration of the term. The .legal question presented is this: Gan the defendant Healey’s firm, after having entered as tenants under the lease, upon the authority of a letter from him written before the expiration of the demised term, remain in…
2Cases cited4 opinions
- Valentine v. . HealeyNew York Court of Appeals · 1899
- McKay & Blakeslee v. MumfordNew York Supreme Court · 1833
- Valentine v. HealeyNew York Supreme Court · 1895
- Valentine v. HealeyAppellate Division of the Supreme Court of the State of New York · 1896