Noyes v. Anderson
The Superior Court of New York City
Tecs was an action to recover damages for the eviction of the plaintiff, hy a paramount title, from certain premises leased "to him by the defendant. The cause was tried before Ch. J. Oakley, and a jury, on the 9th of May, 1852. A verdict was rendered for the sum of $159 51, the damages claimed hy plaintiff, subject to the opinion of the court at general term.
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Tecs was an action to recover damages for the eviction of the plaintiff, hy a paramount title, from certain premises leased "to him by the defendant. The cause was tried before Ch. J. Oakley, and a jury, on the 9th of May, 1852. A verdict was rendered for the sum of $159 51, the damages claimed hy plaintiff, subject to the opinion of the court at general term. The following are the material facts as they appeared in evidence on the trial:— The defendant, Anderson, on May 1st, 1850, rented “The Troy Day Boat Office ” (a tenement standing on the pier below the foot of Barclay street) to John J.…
1Opinion of the CourtBy the Court. Bosworth, J.
On the 1st of May, 1850, the defendant rented to Ross the office at the foot of Barclay street, for one year from that date, for $500, payable monthly in advance. The office is known as “ The Troy Day-Boat Office.” The instrument in writing, or lease, signed by the defendant, contained no promise on his part of any kind whatever. He “ owned the property (leased) in fee simple.”
*349Boss went into possession, and occupied until the 1st of September, when Hoyes went into possession. On the 3d of September, Hoyes paid to the defendant $41 66, for one month’s rent of the office in advance, from the…
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