Hunter v. Reiley
Supreme Court of New Jersey
On rule to show cause for new trial. The plaintiff leased to Henry W. Abbott, the Lake House,, at Spring Lake Beach, Monmouth county, for the term of one year from the 1st day of April, 1879, at the yearly rent of $1000, to be paid in three payments or instalments, to wit,. $500 on the execution of the lease, $250 on the 1st day of August, and $250 on the 1st day of September, 1879. The defendants; by writing under seal, became sureties for the payment 'of the rent as the…
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On rule to show cause for new trial. The plaintiff leased to Henry W. Abbott, the Lake House,, at Spring Lake Beach, Monmouth county, for the term of one year from the 1st day of April, 1879, at the yearly rent of $1000, to be paid in three payments or instalments, to wit,. $500 on the execution of the lease, $250 on the 1st day of August, and $250 on the 1st day of September, 1879. The defendants; by writing under seal, became sureties for the payment 'of the rent as the several instalments thereof should become due and payable. The first two instalments of rent were paid; the last was…
1Opinion of the Court
The opinion of the court Avas delivered by
Scudder, J.
It is clear, from the facts shown at the trial, and in the affidavits taken on this rule, that the. tenant was evicted by the landlord before the end of his term. There Avas no surrender of the lease in writing, or by act and operation of law. The servant left in the rented premises was only authorized to deliver the key to the agent of the landlord for safety, in case she wished to leave before the lessee returned, and a jury Avould-not be Avarranted in drawing any other inference from the circumstances as stated by the witnesses Avho have…
2Cases cited4 opinions
- Giles v. . ComstockNew York Court of Appeals · 1850
- Kelsey v. . WardNew York Court of Appeals · 1868
- Bennet v. BittleSupreme Court of Pennsylvania · 1834
- Pendleton v. DyettNew York Supreme Court · 1825
3Cited by4 opinions
- Burnstine v. MarguliesNew Jersey Superior Court Appellate Division · 1952
- Tanella v. RettagliataNew Jersey Superior Court Appellate Division · 1972
- Heyman v. Linwood ParkNew Jersey Superior Court Appellate Division · 1956
- Burns v. Westamerica Corp.New Jersey Superior Court Appellate Division · 1975