Scott v. . Montells
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of JSTew York in favor of plaintiff, entered upon an order made April 6, 1885, which overruled defendant’s exceptions and directed judgment on a verdict.
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Appeal from judgment of the General Term of the Superior Court of the city of JSTew York in favor of plaintiff, entered upon an order made April 6, 1885, which overruled defendant’s exceptions and directed judgment on a verdict. This action was brought by plaintiff, as assignee of Therese Dosot, to recover $900 deposited by said assignor with defendant in pursuance of the following provision of a lease executed by Mm as landlord and by her as tenant of certain premises in the city of Hew York: “ In lieu of security the party of the first part (defendant) accepts, and the party of the second…
1Per curiam
We do not think that the failure of plaintiffs assignor to pay the rent due under the lease (by reason of which she was by the landlord dispossessed), operated to forfeit all her title to the deposit she made with the landlord. It was made as security only, and in case of failure on her part to perform, the landlord was not confined to the deposit for a remedy, nor if he did resort to it was he entitled to retain more of it than amounted to his demand against the tenant for damages •arising out of the breach. The cases cited in the opinion attached to the brief of appellant, where owners of…
2Cited by26 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Galbraith v. WoodSupreme Court of Minnesota · 1914
- Cunningham v. StockonSupreme Court of Kansas · 1910
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