Tallman v. Earle
New York Court of Common Pleas
Appeal from trial term. Action by Jacob B. Tollman against Ferdinand P. Earle to recover the rents of rooms in an apartment house. A judgment was entered on a verdict in favor of plaintiff, and defendant appeals.
1Opinion of the CourtDaly, C. J.
The defense to the action for rent of the apartments occupied was that, the premises being untenantable for certain reasons set out in the answer, it was agreed between him and the plaintiff that he should surrender possession, and indemnify for any com*18missions for reletting, and that the plaintiff would receive the said agreement in full satisfaction and discharge of the lease, and that thereupon the defendant, on or before October 1, 1879, surrendered possession, delivered the key, indemnified the plaintiff, and kept all the conditions of the agreement on his part, and that said plaintiff…
2Cases cited3 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Duff v. HartNew York Court of Common Pleas · 1891
- Tallman v. EarleNew York Court of Common Pleas · 1891
3Cited by7 opinions
- Lathers v. CoatesAppellate Terms of the Supreme Court of New York · 1896
- Witman v. EgbertAppellate Division of the Supreme Court of the State of New York · 1898
- Romaine v. BrewsterNew York Court of Common Pleas · 1894
- Heissenbuttel v. Comnas, New York County Courts1958
- Marks v. DelaglioCity of New York Municipal Court · 1899
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