Legal Opinion

Hall Steam-Power Co. v. Campbell Printing Press & Manufacturing Co.

The Superior Court of the City of New York and Buffalo

Decided October 15, 1893Published

Action by the Hall Steam-Power Company against the Campbell Printing Press & Manufacturing Company. The court directed a verdict in favor of plaintiff, and defendant moves for a new trial on ■the minutes.

1Opinion of the CourtMcADAM, J.

The pleadings admit that on October 1, 1891, the 'defendant hired from the plaintiff the fifth floor of Nos. 220 and 222 William street, for one month, at the rate of $150, payable in advance, and the proofs show that defendant failed to quit and surrender the premises on the 1st of November, 1891. The plaintiff recovered possession December 2, 1891, and the action is to recover the rent for November, 1891, on the theory of a wrongful holding-over, in which the landlord is entitled to treat the wrongdoer as a tenant under the terms of the original demise, and he is not at liberty to deny that…

2Cases cited10 opinions

  1. Schuyler v. . SmithNew York Court of Appeals · 1873
  2. Haynes v. . AldrichNew York Court of Appeals · 1892
  3. Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
  5. Moffatt v. . SmithNew York Court of Appeals · 1850

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