Excelsior Steam Power Co. v. Halsted
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William M. Halsted, from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 18th day of November, 1895, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 25th day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, William M. Halsted, from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 18th day of November, 1895, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 25th day of November, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover the rent of certain premises leased by the plaintiff to the defendant upon the ground that he had held over after the-…
1Opinion of the Court
Van Brunt, P. J.:
The question as to the right of the defendant to have the issue as to his holding over submitted to the jury seems to have been settled by the decision of this court in the case of Frost v. The Akron Iron Co. (1 App. Div. 449). In that case it was held that the mere leaving upon the premises of certain property belonging to the tenant did not of necessity constitute a holding over.
*125It appears from the evidence in this case that the defendant had removed all his property from the premises with the exception of one press, and had delivered the key to the person who was in charge…
2Cases cited1 opinion
- Frost v. Akron Iron Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Beeston v. YaleAppellate Division of the Supreme Court of the State of New York · 1902
- Myers v. Beakes Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Blank v. BuehrCity of New York Municipal Court · 1960
- Byrns v. PierceAppellate Terms of the Supreme Court of New York · 1912