Underhill v. . Collins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order • made Hay 12, 1890, which affirmed a judgment in favor pf plaintiff, entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order • made Hay 12, 1890, which affirmed a judgment in favor pf plaintiff, entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The motion to dismiss was on two grounds,-one that there had been1 a surrender and acceptance, and the other was that on the facts as proven, plaintiff could not recover rent as such. This should have been granted. (Hall v. Gould, 13 N.…
1Opinion of the CourtHaight, J.
This action was brought to recover rent.- ' On September 30, 1886, the plaintiff leased to the defendant a room in the building known as Ho. 50 Broad street, in the city of Hew York, for the term of three years and seven months. The defendant entered into possession of the premises under the lease and occupied them until the latter part of May, 1888, at which time he vacated them and went away. After leaving the premises he sent the keys by another person to the plaintiff. The keys were tendered to the plaintiff, but he refused to receive them, and they were left upon his desk.
The plaintiff…
2Cases cited2 opinions
- Hall v. . GouldNew York Court of Appeals · 1855
- Shaw v. LenkeNew York Court of Common Pleas · 1865
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- 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.New York Court of Appeals · 2014
- Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
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