Herter v. . Mullen
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12,1896, overruling defendants’ exceptions, ordered to be heard in the first instance by the Appellate Division, and directing judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The holding over was unavoidable and in no manner the fault of the tenant.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12,1896, overruling defendants’ exceptions, ordered to be heard in the first instance by the Appellate Division, and directing judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The holding over was unavoidable and in no manner the fault of the tenant. It could not be avoided, and for it defendants are not liable as hold-over tenants for another year, as held by the court…
1Opinion of the Court
The plaintiff's action was to recover rent alleged to be due upon the lease of certain premises for the month of May, 1895, and the six following months of that year. The lease was executed in March, 1894, and was to terminate in one year from the first of May following. The defendants, who were the tenants under the lease, vacated the premises on May 15th, 1895, but as it was claimed that they held over after the expiration of the lease for fifteen days, it was held that they were liable for the rent for another year, and the plaintiff recovered for the seven months of the year that had…
2Cases cited5 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Kley v. . HealyNew York Court of Appeals · 1891
- Haynes v. . AldrichNew York Court of Appeals · 1892
- The People v. . TubbsNew York Court of Appeals · 1868
3Cited by58 opinions
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Probst v. . Rochester Steam Laundry Co.New York Court of Appeals · 1902
- Brown v. Music IncorporatedAlaska Supreme Court · 1961
- Preiser v. WielandtAppellate Division of the Supreme Court of the State of New York · 1900
53 more not listed; retrieve them via the Exa API.