Ireland v. . Nichols
New York Court of Appeals
Appeal from a judgment of the General Term of the city of New York, entered upon order denying motion for new trial, and directing judgment for defendant on verdict in his favor. The action is to recover possession of a house and lot leased by the plaintiff to the defendant Nichols.
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Appeal from a judgment of the General Term of the city of New York, entered upon order denying motion for new trial, and directing judgment for defendant on verdict in his favor. The action is to recover possession of a house and lot leased by the plaintiff to the defendant Nichols. The plaintiff, through his agent, John B. Ireland, executed a lease to defendant Nichols, of the premises in question, situate on Eight avenue, in the city of New York, for seven years from May 1st, 1861. The lease contained a covenant, that the lessee would not let nor underlet the whole or a part of the…
1Opinion of the CourtGrover, J.
The only ground upon which a recovery of the demised premises was claimed, set out in the complaint, was a forfeiture of the lease incurred by the defendant Nicholls, by subletting a portion of the premises, without the consent, in writing, of the plaintiff, as required by the lease. The answer admitted that the forfeiture had been incurred, and set up a waiver thereof by the plaintiff. The only question upon the trial was, whether the forfeiture had been waived. The defendant, Nicholls, testified that he under-let the premises in Hay, 1868. That “Hr. John B. Ireland, who was plaintiff’s…
2Cases cited2 opinions
- Bleecker v. SmithNew York Supreme Court · 1835
- Jackson ex dem. Blanchard v. AllenNew York Supreme Court · 1824
3Cited by31 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Webster v. NicholsIllinois Supreme Court · 1882
- City of New York v. BetancourtAppellate Terms of the Supreme Court of New York · 1974
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