Legal Opinion

Barkley v. Holt

Appellate Terms of the Supreme Court of New York

Decided November 18, 1903PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Charles R. Barkley against Joseph A. Holt. From a judgment for defendant, plaintiff appeals. Reversed.

1Opinion of the CourtBlanchard, J.

The plaintiff brought this action against the defendant upon a written lease to recover a month’s rent of certain premises. The defense was a surrender of the lease by the defendant and its acceptance by the plaintiff. The evidence in the case does not sustain the contention of the defendant. On the contrary, the documentary evidence tends to show, and we think does show, presumptively, at least, that the plaintiff refused to accept the surrender of the lease. Admitting the conversation between the agent of the premises and the defendant as testified to by the defendant and the witness called…

2Cases cited2 opinions

  1. Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
  2. Wallace v. DinninyNew York Court of Common Pleas · 1895

3Cited by1 opinion

  1. Lillian Realty Co. v. ErdurmAppellate Terms of the Supreme Court of New York · 1910

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