Springsteen v. Powers
The Superior Court of New York City
Appeal from an order made at a special term, dissolving an injunction. The plaintiff was a tenant of the defendant, under a lease having nearly four years to run, at a rent of $700. The plaintiff underlet the ground floor of the house to a person named "Gutter, who, annoyed him by using it as a recruiting office, This use of it also damaged the defendant, by injuring the premises.
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Appeal from an order made at a special term, dissolving an injunction. The plaintiff was a tenant of the defendant, under a lease having nearly four years to run, at a rent of $700. The plaintiff underlet the ground floor of the house to a person named "Gutter, who, annoyed him by using it as a recruiting office, This use of it also damaged the defendant, by injuring the premises. In August, the defendant, in. order to get rid of Cutter, arranged with the plaintiff that the rent should be demanded of him, that he should make default in the payment of it, and thereupon the defendant should…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The affidavit upon which the summary" proceedings taken by the defendant to terminate the plaintiff’s lease and eject him and his sub-tenant from the premises in question were founded was true and in proper form to give jurisdiction ; the proceedings were regular, and taken with the plaintiff’s knowledge; he omitted to pay the rent, for whose non-payment they were taken, until the warrant of removal was . issued, intentionally. The complaint contains no allegation of either fraudulent representation or concealment by the defendant to induce the plaintiff to…
2Cases cited3 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Launitz v. DixonThe Superior Court of New York City · 1851
- Falconer v. EliasThe Superior Court of New York City · 1851
3Cited by1 opinion
- Landon v. Board of SupervisorsNew York Supreme Court · 1881