Campbell v. Shields
New York Supreme Court
Motion by defendant to dissolve injunction. The facts sufficiently appear in the .opinion.
1Opinion of the Court
Mitchell, Justice.
The plaintiff is the assignee of the lease ■of a house and lot of land, No. 512 Greenwich-street, and the defendant the landlord.
Where the landlord wilfully evicts his tenant from part of the demised premises, he can recover no rent subsequently accruing, although the tenant remains in possession during all the rest of the lease. This is sufficiently severe, and is not to he extended. But if the landlord only commits a trespass on the lands, (and does not evict either by actually taking possession of part of the land, and depriving the tenant of it, or by what is called a…
2Cited by4 opinions
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- West Side Savings Bank v. NewtonNew York Court of Common Pleas · 1877
- McNutt v. ShaferNew York Supreme Court · 1890
- Vatel v. HernerNew York Court of Common Pleas · 1856