Gray v. Kaufman Dairy & Ice Cream Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by John G-ray against the Kaufman Dairy & Ice Cream Company to recover $400 rent alleged to be due to plaintiff from defendant. A verdict was directed by the court in favor of plaintiff for $214.30, and from the judgment entéred thereon, and from an order denying a motion to set aside the verdict and for a new trial, plaintiff appeals. Reversed.
1Opinion of the CourtPratt, J.
The only doubt in my mind about the, disposition of this case by the learned trial judge arises on plaintiff’s request “to go to the jury on the question whether there was a surrender as matter of fact.” The testimony tended to show that defendant sent plaintiff the keys of the premises about October 31, 1893, and that they were received by plaintiff November 2, 1893. On the next day, November 3, 1893, plaintiff wrote defendant that he did not accept the surrender; that he intended to hold defendant for the rent; and that he should rent the premises for defendant’s account, and hold him for…
2Cases cited1 opinion
- Underhill v. . CollinsNew York Court of Appeals · 1892
3Cited by3 opinions
- Gray v. Kaufman Dairy & Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Gray v. Kaufman Dairy & Ice-Cream Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Gray v. Kaufman Dairy & Ice-Cream Co.Appellate Division of the Supreme Court of the State of New York · 1897