Lucy v. Wilkins
Supreme Court of Minnesota
Appeal by defendant Jacoby from an order of the municipal court ■of Minneapolis, refusing a new trial. A former appeal is reported ante, p. 21.
1Opinion of the Court
Mitchell, J.1
Plaintiff, as assignee of one Thomas, the lessor, sues the lessees and Jacoby, their surety, or guarantor, to recover rent due ■upon the lease of a building and certain personal property situated therein. The trial court found all the issues in favor of the plaintiff.
One of the defences of Jacoby was that prior to the time for which the rent is claimed, the lease had been terminated by a surrender by the lessees, and an acceptance of the possession by the plaintiff. *442It is claimed that this is conclusively shown by the evidence and the admissions in the pleadings. The allegations…
2Cases cited2 opinions
- Nelson v. ThompsonSupreme Court of Minnesota · 1877
- Austin v. RobertsonSupreme Court of Minnesota · 1879
3Cited by7 opinions
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Brown v. HayesWashington Supreme Court · 1916
- Knatvold v. WilkinsonSupreme Court of Minnesota · 1901
- Johnson v. DollNew York Court of Common Pleas · 1895
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