Valentine v. Healey
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment on a verdict directed in favor of plaintiff. The action was brought to recover rent under a lease. The real property leased was owned by plaintiff and defendant Healey as tenants in common. May 30, 1891, these owners joined in a lease of the property to defendants, who were copartners, and one of whom, Healey, was a part owner of the property.
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Appeal from a judgment on a verdict directed in favor of plaintiff. The action was brought to recover rent under a lease. The real property leased was owned by plaintiff and defendant Healey as tenants in common. May 30, 1891, these owners joined in a lease of the property to defendants, who were copartners, and one of whom, Healey, was a part owner of the property. The lease was for one year, at a yearly -rent of $8,500, payable quarterly, three-fourths to the plaintiff and one-fourth to defendant, with the privilege to the lessees of a further term of two years, at $7,000 a on their giving…
1Opinion of the CourtWilliams, J.
—This case has twice been tried. On the former trial the complaint was dismissed, on the ground that Healey being a part owner of the property, it was to be presumed that he remained in possessien after the term of one year with his partner, as part owner, and not under the lease, and therefore, remaining in possession did not entitle the plaintiff to treat the lease as renewed for another year. Upon a motion for a new trial on a case and exceptions, ordered to be heard in the first instance at the general term, the exceptions were sustained, and a new trial ordered. 86 Hun, 259; 66 St. Rep.…
2Cases cited2 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Valentine v. HealeyNew York Supreme Court · 1895