Kelly v. Noxon
New York Supreme Court
Exceptions from circuit court, New York county. Action by Eugene Kelly against Charles H. Noxon and others for rent. Verdict for plaintiff. Defendants move for new trial on exceptions directed to be heard in the first instance at general term.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover the rent of certain premises in the city of New York. It appeared that the plaintiff had leased to the defendants offices for one year, which was afterwards extended to four years, and that the defendants, on or about the 1st of June of the second year, vacated the said premises; and the question involved is as to whether there-was an accepted surrender, by which they were discharged from the further payment of rent. It was claimed upon the part of the defendants that the plaintiff made an agreement with them that, if they would remove and vacate the…
2Cases cited1 opinion
- Hurley v. SehringNew York Supreme Court · 1891
3Cited by8 opinions
- Baldwin v. CohenAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Account of the Trustee Under the Will of SmithNew York Surrogate's Court · 1914
- Mt. Read Terminals, Inc. v. Great Lakes Express Co.New York Supreme Court · 1977
- Crane v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1903
- Zipser v. DunstAppellate Terms of the Supreme Court of New York · 1915
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