Thorp v. Philbin
City of New York Municipal Court
Appeal from trial term; McGown, Judge. The complaint in this action, by Alfred H. Thorp against John M. Philbin, averred that defendant, by lease, hired of Andrew S. Thorp, plaintiff’s assignor, certain premises for a year from and after May 1, 1886, at a yearly rent of $1,800, payable monthly in advance; and that thereafter, about April 28, 1887, the landlord notified defendant that if he continued in possession of the premises after May 1,1887, (the day when said existing…
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Appeal from trial term; McGown, Judge. The complaint in this action, by Alfred H. Thorp against John M. Philbin, averred that defendant, by lease, hired of Andrew S. Thorp, plaintiff’s assignor, certain premises for a year from and after May 1, 1886, at a yearly rent of $1,800, payable monthly in advance; and that thereafter, about April 28, 1887, the landlord notified defendant that if he continued in possession of the premises after May 1,1887, (the day when said existing lease terminated,) the rent of said premises would be $2,400 a year; and that, upon such notification, the defendant…
1Opinion of the CourtPitshke, J.
This suit is for three months’ rent. The tenant held over on May 1, 1887, beyond his term, for the period sued for herein, after written notification from the landlord that the premises would not be relet under the rate of $2,400 per year, subsequent to said date. Ho actual agreement was entered into, however, on such tenant’s part or behalf, with the said landlord, nor was said notification ever revoked on the landlord’s part, directly or indirectly. Although the minds of these parties did not meet, the law stepped in and made a binding contract for them; for on May 2, 1887, the tenant was…
2Cases cited9 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- Laughran v. . SmithNew York Court of Appeals · 1878
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
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