The Home Life Ins. Co. v. . Sherman
New York Court of Appeals
Appeal from an order of the General Term of the second judicial department, reversing a judgment in favor of plaintiff entered in Kings county upon the report of a referee, and ordering a new trial at the circuit.
Read the full summary
Appeal from an order of the General Term of the second judicial department, reversing a judgment in favor of plaintiff entered in Kings county upon the report of a referee, and ordering a new trial at the circuit. Samuel Y. Hoffman, owner of premises 258, 259 and 260 Broadway, Hew York city, leased the same to Daniel Devlin for five years, from May 1st, 1864. This lease contained a covenant that the lessee “should not use the premises, or any part thereof, or allow them to he used, for any business which shall be deemed extra hazardous by the fire insurance companies of the city of Hew York,…
1Opinion of the Court
Church, Oh. J.
The first question is, whether there was an eviction of the defendant from the demised premises, by the owner of the paramount title.
To constitute an eviction the tenant must be disturbed in his possession, and in pleading an eviction, an ouster must be alleged. ( Vernam v. Smith, 15 N. Y., 332; Kerr v. Shaw, 13 Johns., 236; Waldron v. McCarthy, 3 id., 471.) But there are a variety of circumstances, which are deemed such a disturbance of possession as to constitute an eviction, short of physical force or legal process. It has been held that any interference, on the part of the…
2Cases cited5 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Simers v. SaltusNew York Supreme Court · 1846
- Fowler v. PolingNew York Supreme Court · 1849
- Kerr v. Shaw & ShawNew York Supreme Court · 1816
3Cited by18 opinions
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- B. F. Avery & Sons' Plow Co. v. KennerlyTexas Commission of Appeals · 1929
- Mason v. KelloggMichigan Supreme Court · 1878
- Mason v. LenderothAppellate Division of the Supreme Court of the State of New York · 1903
- Sharon v. American Fidelity Co.Missouri Court of Appeals · 1913
13 more not listed; retrieve them via the Exa API.