Boehm v. Rich
New York Court of Common Pleas
Appeal from a judgment of the district court in the City of New York for the Eighth Judicial District. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The conclusion of the justice, I presume, upon the facts submitted to him, was that it appeared by the statement, that there had been, on the part of the tenant and the landlord, a surrender and acceptance of the premises; which conclusion, I think, was correct. The issuing, in summary proceedings, of a warrant, for the removal of a tenant, puts an end to the lease, so far as respects any future obligations of either party under it, but does not discharge the rent that was, at that time, due and payable (Johnson v. Oppenheim, 55 N. Y. 293, 294; Code Civ. Pro. §…
2Cases cited3 opinions
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
- Avery v. StewartSupreme Court of Connecticut · 1816
- Salter v. BurtNew York Supreme Court · 1838
3Cited by12 opinions
- Cornwell v. . SanfordNew York Court of Appeals · 1918
- Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1912
- Radlog Realty Corp. v. GeigerAppellate Division of the Supreme Court of the State of New York · 1938
- Ash v. PurnellNew York Court of Common Pleas · 1890
- Rainier Co. v. SmithAppellate Terms of the Supreme Court of New York · 1910
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