MacKellar v. Sigler
New York Court of Common Pleas
Appeal from a judgment of the ninth district court. This action was brought to recover the sum of seventy-five dollars for two months’ rent of a house in 117th street, in the city of New York.
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Appeal from a judgment of the ninth district court. This action was brought to recover the sum of seventy-five dollars for two months’ rent of a house in 117th street, in the city of New York. The letting was for one year from the 1st day of May, 1869, to the 1st day of May, 1870, at the yearly rent of $450. On the 1st day of February, 1870, the tenant abandoned the premises on the ground that they had become untenantable by reason of an overflow of water from the adjoining house; and at the same time he sent the keys to the plaintiff’s residence. On the trial it appeared that in the latter…
1Opinion of the CourtLoew, J.
As there is nothing in the evidence to show that, in the agreement for the letting and hire of the premises in question, the landlord reserved the right to relet them, on the tenant’s account, in case they became vacant daring the term; and as he did not even notify the tenant of his intention so to do, it is quite plain that when he let the house to another person, it could not have been on behalf of the defendant, and that the tenancy became thereby determined, and the defendant from thenceforth discharged from his obligations as tenant (Walls agt. Atcheson, 3 Bing., 462; Murray agt. Shave,…
2Cases cited2 opinions
- Giles v. . ComstockNew York Court of Appeals · 1850
- Shannon v. BurrNew York Court of Common Pleas · 1856
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- Smith v. HuntSupreme Court of Rhode Island · 1911
- White v. BerrySupreme Court of Rhode Island · 1902
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