People ex rel. Elston v. Robertson
New York Supreme Court
CERTIORARI to the justice of the first district court of the city of Hew York, to bring up summary proceedings commenced before him by the respondent, to remove the relators from certain premises in the city of Hew York, for non-payment of rent.
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CERTIORARI to the justice of the first district court of the city of Hew York, to bring up summary proceedings commenced before him by the respondent, to remove the relators from certain premises in the city of Hew York, for non-payment of rent. William E. Dunscomb, on the 2d day of February, 1852, leased the premises to Ira Wood, for the term of ten years, to commence May 1, 1852, and to end May 1, 1862, at the yearly rent of $900, payable quarterly, Ira Wood subsequently assigned and set over said lease to James Wood, who became the assignee of the lease of the whole of said premises, and…
1Opinion of the Court
By the Court,
Ingraham, J.
The relators complain of the decision of the justice, in this case, on the ground that the respondent had no title in the land which would enable *15him to obtain possession thereof for non-payment of rent, under the statute.
One James Wood had a lease of the premises, which had been assigned to him. This lease was not put in evidence. The affidavit on which the proceedings were founded stated that the lease was for ten years, to commence on the 1st day of May, 1852, and to end on the 1st day of May, 1862. While holding this lease, Wood underlet to the relators the…
2Cases cited2 opinions
- Piggot v. MasonNew York Court of Chancery · 1829
- Post v. . KearneyNew York Court of Appeals · 1849
3Cited by8 opinions
- Maynes v. GraySupreme Court of Kansas · 1904
- Buchanan v. WhitmanNew York Supreme Court · 1894
- City of Garden City v. Merchants' & Farmers' National BankCourt of Appeals of Kansas · 1899
- Big Four Realty Corp. v. Belnord GarageAppellate Terms of the Supreme Court of New York · 1931
- Barker v. HawkAppellate Division of the Supreme Court of the State of New York · 1919
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