People ex rel. Grissler v. Stuyvesant
New York Supreme Court
Certiorari to review summary proceedings. The relators, Gotlieb • Grissler and another, seek to reverse the decision of, Justice Fowler, made in summary .proceedings had before him, in which judgment was rendered for the landlord against the relators, upon which they paid the rent of the premises before warrant of dispossession was issued.
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Certiorari to review summary proceedings. The relators, Gotlieb • Grissler and another, seek to reverse the decision of, Justice Fowler, made in summary .proceedings had before him, in which judgment was rendered for the landlord against the relators, upon which they paid the rent of the premises before warrant of dispossession was issued. The facts of the case are as follows: On July 30, 1867, Joseph R. Stuyvesant made a lease of four houses on Third avenue, New York, for the term of ten years from the 1st day of May, 1868, at the annual rent of $6,000, to Browning and Moore, who covenanted…
1Opinion of the CourtLawrence, J.
In the case of these relators against Joseph R. Stuyvesant, which involved the same lease, now under consideration, it was held by this court (Justice Learned delivering the opinion*) that when Joseph R. Stuyvesant secured in his judgment *182of foreclosure the payment of the rents, for the non-payment of which he had entered, and when he sold — as being still in force — the lease granted by him to Browning & Moore, he (Stuyvesant) waived pmy forfeiture which had taken place under the lease. Also, that the relators purchasing under such circumstances became, in effect, the assignees of the lease,…
2Cases cited4 opinions
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
- Roach v. CosineNew York Supreme Court · 1832
- Huber v. . the PeopleNew York Court of Appeals · 1872
- Griffin v. ClarkNew York Supreme Court · 1860