Doolittle v. Selkirk
New York Court of Common Pleas
Appeal from first district court. Action by Joseph W. Doolittle against Robert W. Selkirk to recover rent of a dwelling house in. East Orange, H. J., known as “Ho. 83 Grove Street,” for five months (from December 1, 1891, to May 1, 1892), at $40 per month, payable monthly in advance, and also the water tax, amounting to $2.60. There was a judgment in favor of defendant, and plaintiff appeals. Reversed.
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Appeal from first district court. Action by Joseph W. Doolittle against Robert W. Selkirk to recover rent of a dwelling house in. East Orange, H. J., known as “Ho. 83 Grove Street,” for five months (from December 1, 1891, to May 1, 1892), at $40 per month, payable monthly in advance, and also the water tax, amounting to $2.60. There was a judgment in favor of defendant, and plaintiff appeals. Reversed. The premises were let to defendant, by lease under seal, dated April 8, 1891, for one year from the 1st of May following. The tenant abandoned the premises about December 17, 1891; having paid…
1Opinion of the CourtDaly, C. J.
The defense of surrender and acceptance of the premises was not proved. When the tenant abandoned them, he sent the keys to the landlord’s agent, who retained them, and notified defendant that he would rent the premises on his account. The retention of the keys did not amount to an acceptance and surrender.. The landlord was not bound to tender a return of them. Thomas v. Nelson, 69 N. Y. 118. The subsequent admission of a tenant in the month of April following, in advance of a new term to commence in May, was - not a surrender and acceptance. The landlord, under-the lease, had the right, if…
2Cases cited10 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Giles v. . ComstockNew York Court of Appeals · 1850
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3Cited by5 opinions
- Partridge v. DykinsSupreme Court of Oklahoma · 1911
- Rich v. DoyennNew York Supreme Court · 1895
- Crane v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1903
- Crane v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1903
- Hadcock v. SoslowAppellate Division of the Supreme Court of the State of New York · 1939