Wilson v. Lester & Holbrook
New York Supreme Court
APPEAL from a judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial. The action was for a quarter’s rent of a store at No. 13 Dey street. The plaintiff, by George Middleton as his agent, leased the premises for three years and two months from the 18th of February, 1871, to the defendant Lester. The defendant Holbrook was surety in the lease, for the payment of the rent.
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APPEAL from a judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial. The action was for a quarter’s rent of a store at No. 13 Dey street. The plaintiff, by George Middleton as his agent, leased the premises for three years and two months from the 18th of February, 1871, to the defendant Lester. The defendant Holbrook was surety in the lease, for the payment of the rent. Lester assigned the lease, February 27, to the National Refrigerating Company. On the 1st of May, 1871, the rent of - the premises was paid by the check of Holbrook, and receipt given…
1Opinion of the Court
By the Court, Ingraham, P. J.
There was no good objection to proving the assignment from Lester to the company, of the lease executed by the plaintiff. It was part of the evidence to make out the defence. The order of proof was a matter of discretion for the court.
I think it very doubtful whether Middleton, as the plaintiff s agent, had any authority to consent to the substitution of a new tenant, and the discharge of the original lessee. Such was not within the ordinary scope of an agent’s authority to let premises and collect rents. Whether it be so or not, no such objection was made on the…
2Cases cited1 opinion
- Smith v. NiverNew York Supreme Court · 1848
3Cited by11 opinions
- Halbe v. AdamsAppellate Division of the Supreme Court of the State of New York · 1916
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
- Wallace v. DinninyNew York Court of Common Pleas · 1895
- Copper v. FretnoranskyNew York Court of Common Pleas · 1892
- Ettlinger v. KrugerAppellate Division of the Supreme Court of the State of New York · 1911
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