Morris v. Niles
New York Court of Common Pleas
Appeal from judgment entered on the report of a referee. The defendant, on May 1,1857, hired two rooms in No. 212 Broadway, New York, belonging to one Davis, who, on July 16, 1857, leased the whole building to one Knox. On the same day, Knox assigned the lease to one Russell. On August 1, 1857, the defendant paid the quarter’s rent, then due, to Knox, as the agent of Russell.
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Appeal from judgment entered on the report of a referee. The defendant, on May 1,1857, hired two rooms in No. 212 Broadway, New York, belonging to one Davis, who, on July 16, 1857, leased the whole building to one Knox. On the same day, Knox assigned the lease to one Russell. On August 1, 1857, the defendant paid the quarter’s rent, then due, to Knox, as the agent of Russell. On September 30, 1857, Russell assigned the lease to the plaintiff, who, on November 1, demanded the rent of the whole expired quarter from the defendant. But the defendant refused payment, on the ground that he had been…
1Opinion of the Court
By the Court.—Daly, F. J.
—The payment by Riles to Knox of the quarter’s rent, accruing on August 1, 1857, Riles then being in actual occupation, was sufficient evidence of the existence of a tenancy, from year to year, at the yearly rent indicated by the payment, payable quarterly. (Richardson a, Lang-ridge, 4 Taunt., 128; Knight a. Bennett, 3 Bing., 361; Bolton a. Tomlin, 5 A. & E., 856.) When this payment was made, Knox had assigned the lease of the premises to Russell, and the quarter’s rent was received by him for Russell. Before the next quarter became due, Russell assigned to the…
2Cited by5 opinions
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