Ballou v. Carton
New York Supreme Court
Appeal from circuit court, Oneida county. This action is upon a lease for rent. The defense is surrender by operation of law. On the 1st January, 1884, Theodore P. Ballou, plaintiff’s testator, and the defendants, executed under their hands and seals a lease by which Ballou rented to the defendants for the term of 6i) years from January 1,1884, certain premises in Utica, called a wood shop and store, at the yearly rent of $660, payable quarterly.
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Appeal from circuit court, Oneida county. This action is upon a lease for rent. The defense is surrender by operation of law. On the 1st January, 1884, Theodore P. Ballou, plaintiff’s testator, and the defendants, executed under their hands and seals a lease by which Ballou rented to the defendants for the term of 6i) years from January 1,1884, certain premises in Utica, called a wood shop and store, at the yearly rent of $660, payable quarterly. The defendants entered into possession, and remained to November 1, 1884. At that date, having' become insolvent, they subleased to one Hubley for…
1Opinion of the CourtMerwin, J.
The claim of the defendants is that from, and after May 1, 1885, the lease and term were surrendered by operation of law, and the defendants thereby discharged from all liability for rent. There was no express surrender. There was no agreement between the defendants and Ballou on the subject. The defendants subleased to Hubley, such lease expiring May 1, 1885. This action is for rent accruing after that date, over and above what Ballou received from Hubley & Baxter. The latter remained in possession without objection from defendants, but no arrangement between them and defendants, or between…
2Cases cited6 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Smith v. . KerrNew York Court of Appeals · 1888
- Beall v. WhiteSupreme Court of the United States · 1877
- Smith v. NiverNew York Supreme Court · 1848
- Wilson v. Lester & HolbrookNew York Supreme Court · 1873
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