Legal Opinion

Haynes v. . Aldrich

New York Court of Appeals

Decided May 24, 1892PublishedCited by 67 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made July 31,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and also affirmed an order denying a motion for a new trial. This was an action to recover the rent for one year of certain premises in the city of Mew York. The facts, so far as material, are stated in the opinion.

Read the full summary

Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made July 31,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and also affirmed an order denying a motion for a new trial. This was an action to recover the rent for one year of certain premises in the city of Mew York. The facts, so far as material, are stated in the opinion. The question whether the conduct of Mrs. Coventry, the sub-tenant, amounted to a holding over by Mrs. Aldrich, the defendant, was a question for the jury. (Smith…

1Opinion of the CourtFinch, J.

Judgment was ordered against the defendant upon the trial of this action for rent accrued after the expiration of her original lease, upon the giound that by holding over after such expiration, she became a tenant for another year upon the terms of the prior written lease. The facts disclosed were that such lease ended by its terms on May 1,1889; that it contained a provision that the premises should be occupied as a private dwelling, and a covenant not to sublet without the written consent of the lessor. Both stipulations were violated. The tenant, without permission, rented the premises to…

2Cases cited2 opinions

  1. Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
  2. Smith v. AlltNew York Court of Common Pleas · 1878

3Cited by67 opinions

  1. Stern v. . Equitable Trust Co.New York Court of Appeals · 1924
  2. Kennedy v. . City of New YorkNew York Court of Appeals · 1909
  3. City of New York v. Pennsylvania RailroadNew York Court of Appeals · 1975
  4. Herter v. . MullenNew York Court of Appeals · 1899
  5. Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909

62 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API