Nicoll v. Hyman
New York Court of Common Pleas
Appeal from eighth district court. Action by Donald Nicoll against Fanny Hyman. From a judgment in favor of plaintiff rendered by a justice without a jury, defendant appeals. Affirmed.
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Appeal from eighth district court. Action by Donald Nicoll against Fanny Hyman. From a judgment in favor of plaintiff rendered by a justice without a jury, defendant appeals. Affirmed. Action by landlord against guarantor of payment under lease, to recover rent due upon renewed lease, such renewal being indorsed upon the original instrument in the following terms: “The within lease is hereby continued in force for one year, to commence on the first day of February, 1892, at noon, and to end on the first day of February, 1893, at noon at the yearly rental of seven hundred and twenty ($720)…
1Opinion of the CourtBisghoff, J.
The evidence shows that possession was had under the lease during the period for which the rent is demanded. No express surrender is proven, and we are concluded, in this case, by the finding of the justice that there was no constructive eviction. Weiss v. Strauss, (Com. Pl. N. Y.) 14 N. Y. Supp. 776. The principal ground urged by 'the appellant for reversal relates to the insufficiency of the renewal agreement indorsed upon the lease to constitute a guaranty by the defendant for the renewed term. The-proposition is not to be supported. Apart from the consideration of the necessity of…
2Cases cited2 opinions
- Marston v. FrenchNew York Court of Common Pleas · 1892
- Tattersall v. HassNew York Court of Common Pleas · 1856