Morgan v. Short
New York Court of Common Pleas
Appeal from First district court. Summary proceedings by William R. Morgan and others against Edwin T. Short to recover possession of premises, for nonpayment of rent. From a final order in favor of defendant, plaintiffs appeal.
1Opinion of the CourtBisohoff, J.
This proceeding was instituted to recover possession of the premises in question, for nonpayment of rent due April 1, 1894, by the terms of a written lease. The only issue litigated upon the trial was that raised by the defense of eviction, and upon this issue a jury found .in favor of the defendant. From the evidence it appears that defendant removed from the premises in November, 1893, but retained the keys of the particular portion leased by him, and in no way disputed his liability for rent. At that time he applied to plaintiffs for permission to sublet, naming a proposed *11undertenant. As…
2Cases cited2 opinions
- Kasson v. MillsNew York Supreme Court · 1852
- Hackett v. Equitable Gaslight Co.New York Court of Common Pleas · 1893
3Cited by2 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Barash v. Pennsylvania Terminal Real Estate Corp.New York Court of Appeals · 1970