Ramsay v. Wilkie
New York Court of Common Pleas
Appeal from eighth district court. Proceedings instituted by David Eamsay against David Wilkie to dispossess the latter from certain premises by reason of his non-payment of rent. From a final order in favor of plaintiff the defendant appeals.
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Appeal from eighth district court. Proceedings instituted by David Eamsay against David Wilkie to dispossess the latter from certain premises by reason of his non-payment of rent. From a final order in favor of plaintiff the defendant appeals. The following is the opinion of Judge Jerolohan, of the eighth district court: “This proceeding was brought by the landlord to dispossess the tenant for the alleged non-payment of rent for the month of March, 1890, which the landlord alleges to be due, under and by virtue of a lease dated August 31, 1885, for the term of five years and eight months from…
1Per curiam
This case was correctly decided in the court below. The tenant interposed two defenses: (I) Surrender and acceptance; and (2) eviction. He failed to establish upon the trial any valid surrender or an eviction, and the landlord was entitled to the final order which was awarded to him by the court. The final order must be affirmed, with costs.
2Cited by2 opinions
- Holden v. TidwellSupreme Court of Oklahoma · 1913
- Mackenzie v. HattonNew York Court of Common Pleas · 1893