Denison v. Ford
New York Court of Common Pleas
Appeal by the plaintiff from a judgment of the justice of the 8th District Court, in favor of defendant, dismissing the complaint upon the merits. The facts are stated in the opinion.
1Opinion of the CourtJoseph F. Daly, J.
Defendant was propriétor of the building on Broadway occupying the front between 44th and 45th streets used and let as a market. Defendant, on April 19, 1871, leased to plaintiff stand No. 46, for the sale of butter, eggs, etc., for six months from May 1st, 1871, and received $78, three months’ rent, in advance. In the latter part of May, defendant resolved to discontinue the public market, as the failure to rent certain stands rendered it unprofitable. He was able to make arrangements with all his tenants (except plaintiff) by which they surrendered their stands about June 1st. Plaintiff…
2Cases cited4 opinions
- Chatterton v. FoxThe Superior Court of New York City · 1855
- Noyes v. AndersonThe Superior Court of New York City · 1852
- Edgerton v. PageNew York Court of Common Pleas · 1857
- McCleary v. EdwardsNew York Supreme Court · 1858
3Cited by11 opinions
- Randall-Smith, Inc. v. 43rd Street Estates Corp.New York Court of Appeals · 1966
- Sears, Roebuck & Co. v. 9 Avenue-31 Street Corp.New York Court of Appeals · 1937
- O'Gorman v. HarbyAppellate Terms of the Supreme Court of New York · 1896
- Duff v. HartNew York Court of Common Pleas · 1891
- Ryan v. JonesNew York Court of Common Pleas · 1892
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