Ryan v. Jones
New York Court of Common Pleas
Appeal from ninth district court. Action by Charles T. Byan against Edward P. Jones to recover rent. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The action was to recover rent accruing April 1, 1892, and the defenses were surrender of the lease by mutual agreement and eviction. The surrender was predicated of an alleged oral agreement with plaintiff’s agent, the making of which the latter, however, emphatically denied. Acceptance of the keys did not, of itself, constitute an acceptance of the surrender of the lease, (Thomas v. Nelson, 69 N. Y. 118; Winant v. Hines, 14 Daly, 187; Spies v. Voss, [Com. Pl. N. Y.] 9 N. Y. Supp. 532;) and a conflict of testimony respecting the alleged agreement does not afford sufficient ground for…
2Cases cited11 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Gilhooley v. . WashingtonNew York Court of Appeals · 1850
- Koehler v. ScheiderNew York Court of Common Pleas · 1889
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3Cited by10 opinions
- Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
- Lathers v. CoatesAppellate Terms of the Supreme Court of New York · 1896
- Siebold v. HeymanAppellate Terms of the Supreme Court of New York · 1909
- Doolittle v. SelkirkNew York Court of Common Pleas · 1894
5 more not listed; retrieve them via the Exa API.