Learned v. Ryder
New York Supreme Court
IN" October, 1865, Eliza J. Howland agreed to lease of the plaintiff, No. 200 Madison avenue, in the city of New York, furnished, to be used as a boarding house for one year, at $10,000 per annum, payable quarterly in advance, to commence November 1, 1865; and the defendant agreed with her and- the plaintiff to be security for said rent for said one year.
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IN" October, 1865, Eliza J. Howland agreed to lease of the plaintiff, No. 200 Madison avenue, in the city of New York, furnished, to be used as a boarding house for one year, at $10,000 per annum, payable quarterly in advance, to commence November 1, 1865; and the defendant agreed with her and- the plaintiff to be security for said rent for said one year. This agreement was to be reduced to writing for execution by the parties, by the plaintiff and he had the same done, and presented the papers to the parties separately, by his agent, Thomas H. Learned. On presenting the lease to Miss…
1Opinion of the Court
By the Court, Ingraham, P, J.
The evidence showed that the roof of the house leaked so hadly that the hoarders moved from the rooms, and they had to use tubs to prevent the water from going into the second story. The surrender which the defendant relied on was, as stated in the answer, a surrender of the premises, and acceptance by the plaintiff, and by the evidence, a surrender of the keys on the 30th of November, 1866.
By the answer no other surrender was set up than a surrender by the tenant, and acceptance by the landlord. On that issue, the jury'have found for the plaintiff. The defendant…
2Cases cited3 opinions
- Thurston v. . CornellNew York Court of Appeals · 1868
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Thorn v. HelmerNew York Court of Appeals · 1865
3Cited by3 opinions
- Nelson v. Travelers InsuranceSupreme Court of Vermont · 1943
- Rockwell v. Eiler's Music HouseWashington Supreme Court · 1912
- Carley v. Liberty Hat Manufacturing Co.Supreme Court of New Jersey · 1910