Winant v. Hines
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the Third Judicial District. The action was brought by plaintiff to recover for rent of premises leased to defendant. It appeared on the trial that defendant removed from the premises before the expiration of the term of the lease, and gave the keys thereof to plaintiff, who advertised the premises to lease, and, after some delay, leased the same for the unexpired term at a decreased rental.
Read the full summary
Appeal from a judgment of the District Court in the City of New York for the Third Judicial District. The action was brought by plaintiff to recover for rent of premises leased to defendant. It appeared on the trial that defendant removed from the premises before the expiration of the term of the lease, and gave the keys thereof to plaintiff, who advertised the premises to lease, and, after some delay, leased the same for the unexpired term at a decreased rental. Judgment was given in the district court for plaintiff, for the amount of the rent agreed under the lease, less the amount received…
1Opinion of the Court
Per Curiam. — [Present, Larremore, Ch. J., and Van Hoesen, J.] —
If Oastler v. Henderson, decided by the English Court of Appeal (L. R. 2 Q. B. Div. 575, 21 Moak’s Eng. 277), be a precedent that we ought to follow, it is our duty to reduce the judgment, but not reverse it. In that case, the tenant left the demised premises in the early autumn of 1868, and sent the keys in December of *188that year to the landlord, who at once put up a bill and employed an agent to re-let the premises, though a new tenant was not secured till March, 1872, and it was held that the landlord was entitled to recover…
2Cited by5 opinions
- Bowen v. ClarkeOregon Supreme Court · 1892
- Ryan v. JonesNew York Court of Common Pleas · 1892
- Dorrance v. BonesteelAppellate Division of the Supreme Court of the State of New York · 1900
- Spies v. VossNew York Court of Common Pleas · 1890
- Rich v. DoyennNew York Supreme Court · 1895