Pomeroy v. Tyler
City of New York Municipal Court
The action is on a written lease of a' suit of rooms bathe apartment house of the plaintiff, known as the “Four Seasons.” The hiring was for one year from November 1, 1882, and the recovery sought is the rent from May 1,1883, till October 1,1883. The defendant abandoned the premises-April 30, 1883, having paid the rent during the period of his occupation. The answer admits the execution of the lease, and pleads, in defense (1) constructive eviction and (2) surrender.
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The action is on a written lease of a' suit of rooms bathe apartment house of the plaintiff, known as the “Four Seasons.” The hiring was for one year from November 1, 1882, and the recovery sought is the rent from May 1,1883, till October 1,1883. The defendant abandoned the premises-April 30, 1883, having paid the rent during the period of his occupation. The answer admits the execution of the lease, and pleads, in defense (1) constructive eviction and (2) surrender. The trial judge directed a verdict in favor of the plaintiff, and the defendant appeals.
1Opinion of the Court
McAdam, Oh. J.
We need not seriously consider the exceptions taken in regard to the alleged parol agreement made contemporaneously with the lease, as no such independent agreement is pleaded by the defendant. The surrender claimed to have been accomplished by leaving the keys with the janitor of the building is ineffectual, because he had no implied authority to accept a surrender of the defendant’s lease, and no express authority was proved.
The regulations endorsed on the lease define the janitor’s duties; he was to keep the halls clean, superintend the building, remove ashes and send coal…
2Cases cited4 opinions
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Schermerhorn v. GougeNew York Supreme Court · 1861
- Woodruff v. Merchant's BankNew York Supreme Court · 1841
- Wilson v. HalpinNew York Court of Common Pleas · 1865