Hays v. Moody
City of New York Municipal Court
Appeal from trial term. Action by Cornelia G. Hays against Horace Moody for rent due. Verdict directed for plaintiff, and from a judgment entered thereon defendant appeals. Laws N. Y. 1860, c. 345, referred to in the opinion, provides that the lessee of any building which shall, without fault on their part, become untenantable, shall not be liable for rent after such time.
1Opinion of the CourtPitshke, J.
This action was for rent of a dwelling-house in Yonkers, for 11 months, commencing June 1,1887, sued in 11 different counts; a lease under seal of the plaintiff’s assignor and the defendant having first been made for one year from May 1, 1886, to May 1, 1887, under which the defendant went into possession; and he continuously remained in possession of the premises until some time in August, 1887, w'hen he vacated possession. Defendant paid the accruing rent during said first year, and also that for May, 1887; and the suit was brought for the rent for the premises subsequent to the said month…
2Cases cited21 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Myers v. . BurnsNew York Court of Appeals · 1866
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
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