People Ex Rel. Grissler v. . Dudley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming upon certiorari a judgment of a justice of one of the District Courts in the city of Hew York, made in summary proceedings under the statute to remove the relators from certain premises in said city for nonpayment of rent. (Reported below, 1 Hun, 102; 3 H.Y.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming upon certiorari a judgment of a justice of one of the District Courts in the city of Hew York, made in summary proceedings under the statute to remove the relators from certain premises in said city for nonpayment of rent. (Reported below, 1 Hun, 102; 3 H.Y. S. C. R. (T. & C.), 179.) In 1867, Joseph R. Stuyvesant, late of the city of Hew York, deceased, was the owner of two lots on Third avenue in said city, known as Hos. 158 and 160, and the lessee of two other lots, Hos. 152 and 154.…
1Opinion of the Court
Church, Ch. J.
The general proposition upon the merits attempted to be maintained by the learned counsel"for the relators, is that the conventional relation of landlord and tenant did not exist between them and the respondents, and never did exist between them and the respondents’ testator, and this is predicated upon the assumption that when Joseph R. Stuyvesant entered into possession of the demised premises the rent became extinguished and the covenants discharged, an'd that the subsequent purchase by the relators under the foreclosure proceedings was of the unexpired term, free from any…
2Cases cited5 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- The People v. . O'BrienNew York Court of Appeals · 1868
- Gillespie v. ThomasNew York Supreme Court · 1836
- Catlin v. . GrisslerNew York Court of Appeals · 1874
- Griffin v. ClarkNew York Supreme Court · 1860
3Cited by12 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Bailey v. RichardsonCalifornia Supreme Court · 1885
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
- Harms v. EntelmanCourt of Appeals of Georgia · 1917
- Mabie v. MooreWest Virginia Supreme Court · 1915
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