Ireland v. Nichols
The Superior Court of New York City
A motion was made at Special Term, before Mr. Justice McCunn, for the appointment of a receiver. The action was to recover possession of real property. The complaint alleged that plaintiff, being the owner of the premises leased the same for a term of years to the defendant Nichols, by lease, with covenants against underletting, unless by the consent, in writing, of the lessor.
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A motion was made at Special Term, before Mr. Justice McCunn, for the appointment of a receiver. The action was to recover possession of real property. The complaint alleged that plaintiff, being the owner of the premises leased the same for a term of years to the defendant Nichols, by lease, with covenants against underletting, unless by the consent, in writing, of the lessor. That defendant underlet the whole to the other defendants, without any permission whatever of his landlord; whereupon he demanded judgment of forfeiture of the lease, and delivery of possession of the premises, and…
1Opinion of the Court
By the Court:
Fithian, J.
I am of opinion that on the application for the appointment of a receiver, the plaintiff established a sufficient apparent right to property ” to entitle him to a receiver, provided this be a case in which a receiver can be appointed at all. The plaintiff’s title is admitted, and the alleged acts of forfeiture are admitted. The defense consisting of affirmative allegations of waiver, upon the pleadings on the trial plaintiff would be entitled to rest without proof, and demand judgment in his favor, unless defendant could affirmatively show a defence. Certainly no more…
2Cases cited1 opinion
- Thompson v. SherrardNew York Supreme Court · 1861
3Cited by1 opinion
- Stuyvesant v. GrisslerThe Superior Court of New York City · 1868