McCabe v. Evers
City of New York Municipal Court
Appeal from trial term. Action for rent by Frank H. McCabe against Henry F. Evers. The evidence shows that the defendant removed from the demised premises just prior to May 1, 1889. On that day there was a stove and some rubbish in the store formerly occupied by him. The key was tendered to the landlord on May 2d.
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Appeal from trial term. Action for rent by Frank H. McCabe against Henry F. Evers. The evidence shows that the defendant removed from the demised premises just prior to May 1, 1889. On that day there was a stove and some rubbish in the store formerly occupied by him. The key was tendered to the landlord on May 2d. The action was for rent after May 1, 1889, on the theory that these circumstances authorized the landlord to treat the holding over by the tenant as wrongful, and as an implied contract of rehiring, on the terms of the former demise. The trial judge so held, and directed a verdict…
1Per curiam
To enable the landlord to hold the tenant for a renewed term, (after the expiration of his lease,) the holding over must be wrongful and tortious. Schuyler v. Smith, 51 N. Y. 314; Pickett v. Bartlett, 107 N. Y. 282, 14 N. E. Rep. 301; Smith v. Allt, 7 Daly, 492. Judge Davis, in Gibbons v. Bayton, 4 Hun, 451, states what does not constitute the wrongful holding over contemplated. He says: “The litter and filth and worthless fragments and articles, which tenants are often accustomed to leave behind them, have never been held to constitute a continuance of the tenancy. The landlord’s remedy, if…
2Cases cited3 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Smith v. AlltNew York Court of Common Pleas · 1878
- Cooper v. Hong Kong & Shanghai Banking Corp.New York Court of Appeals · 1887
3Cited by4 opinions
- Wood v. GordonNew York Court of Common Pleas · 1892
- Trustees of the Leake & Watts Orphan House v. HoyleNew York Supreme Court · 1913
- Haas v. O'ConnellAppellate Terms of the Supreme Court of New York · 1926
- Manly v. ClemmensCity of New York Municipal Court · 1891