Legal Opinion

Vogel v. Piper

City of New York Municipal Court

Decided October 15, 1903PublishedCited by 2 opinions

Action for rent by Max Vogel against Augustus B. Piper. On demurrer to a separate defense set up in the answer.

1Opinion of the CourtO’Dwyer, J.

The complaint in this action is for rent for the months of August and September, 1903, amounting to $150, for an apartment leased by the plaintiff to the defendant for the term of three months commencing June 1, 1903, and ending October 1, 1903. The first defense set up in paragraph 4 of the amended anwer, to which the plaintiff has demurred, sets up a covenant in the lease which reads as follows:

“If said premises shall become vacant during said term, then the landlord, or any person by his order, may re-enter the same, either by force or otherwise, without being liable for any prosecution…

2Cases cited3 opinions

  1. McCready v. . LindenbornNew York Court of Appeals · 1902
  2. Hall v. . GouldNew York Court of Appeals · 1855
  3. In Re the General Assignment of HevenorNew York Court of Appeals · 1895

3Cited by2 opinions

  1. Whitcomb v. BrantSupreme Court of New Jersey · 1917
  2. Kamioner v. BalkindCity of New York Municipal Court · 1916

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