Legal Opinion

Sixty Wall Street v. Clevenger

Appellate Division of the Supreme Court of the State of New York

Decided November 6, 1914PublishedCited by 1 opinion

Appeal by the defendant, Joseph R. Clevenger, from a judgment of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of December, 1913, affirming a unanimous judgment of the Municipal Court of the City of New York, borough of Manhattan, first district, in plaintiff’s favor, entered upon a directed verdict after a trial of the issues.

1Opinion of the Court

Laughlin, J.:

This is an action for rent and it is based on a lease in writing executed on the 19th day of December, 1912, by which plaintiff leased to the defendant room No. 501 in its building known as Sixty Wall Street for the period of one year and four months commencing on the first day of January thereafter. The chief point litigated upon the trial was whether the plaintiff *192accepted a surrender of the premises before the expiration of the term; and the appeal depends on whether an exception to the refusal of the court to submit that question to the jury, as duly requested by counsel for…

2Cases cited3 opinions

  1. Frost v. Akron Iron Co.Appellate Division of the Supreme Court of the State of New York · 1896
  2. Goldsmith v. SchroederAppellate Division of the Supreme Court of the State of New York · 1904
  3. Briggs v. KennettNew York Court of Common Pleas · 1894

3Cited by1 opinion

  1. Baker v. DonlinNew York Supreme Court · 1915

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