Rice v. Bliss
City of New York Municipal Court
Trial by the court without a jury. The plaintiff, as landlord, let to the defendant, as tenant, the premises known as Ho. 27 West Thirty-first street, for one year from May 1, 1883, at the yearly rent of $3,300, payable monthly in advance.
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Trial by the court without a jury. The plaintiff, as landlord, let to the defendant, as tenant, the premises known as Ho. 27 West Thirty-first street, for one year from May 1, 1883, at the yearly rent of $3,300, payable monthly in advance. In consideration of the letting the plaintiff deposited with the defendant $275, under an agreement that this sum should be held by the defendant “ as security for the faithful performance on the part of the plaintiff of the covenants contained in the lease.” The tenant paid the rent for May, 1883, but made default in the payment of the June rent. In…
1Opinion of the CourtMcAdam, J.
— The issuing of the warrant in the summary proceedings cancels the agreement for the use of the premises, and annuls the relation of landlord and tenant, except that it does not prevent a landlord from recovering by action any sum of money which was, at the time when the precept was issued, payable by the terms of the agreement (Code, sec. 2258; Hinsdale agt. White, 6 Hill, 507). The plaintiff claims that as the lease has been annulled by the act of the landlord, and by operation of this statute, that after deducting the rent from June first to June eighth, the day on which the warrant was…
2Cases cited4 opinions
- Haynes v. HartNew York Supreme Court · 1864
- Jackson ex dem. Schenck v. WoodNew York Supreme Court · 1816
- Healy v. McManusNew York Court of Common Pleas · 1862
- Page v. McDonnellNew York Supreme Court · 1873
3Cited by2 opinions
- Bernstein v. HeinemannAppellate Terms of the Supreme Court of New York · 1898
- Johnson v. BargNew York Court of Common Pleas · 1894