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The Miscellaneous Reports (Volume 26); Cases Decided in the Inferior Courts of Record of the State of New York

The Miscellaneous Reports (Volume 26); Cases Decided in the Inferior Courts of Record of the State of New York


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899. Excerpt: ... Misc. Supreme Court, Appellate Term, March, 1899. Annette Shannon, Appellant, v. Catherine Aenheim, Respondent. (Supreme Court, Appellate Term, March, 1899.) Action for rent--Where there is an outstanding lease, occupation creates a liability. Unless a surrender or new letting of the demised premises Is shown, the tenant is alone liable for the rent and the fact that his wife offered to paj' rent for her occupation, after he left, does not make her liable to the landlord for use and occupation. Appeal from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, borough of Ma"hattan, for the tenth district. A. J. Skinner, for appellant, James A. Seaman, for respondent. Levextkitt, J. The plaintiff in this action sought recovery against the defendant for the rent of the premises 269 West Seventieth street, for the month of July, 1898. Both Catherine Arnheim and her husband, "William Arnheim, were named as parties defendant, but, the latter not having been served, the action, on motion of plaintiff's counsel, proceeded against Catherine Arnheim alone. A written indenture of lease for the premises in question from the 1st day of October, 1897, to the 1st day of October, 1898, and, therefore, covering the month mentioned, was introduced in evidence. This lease was executed by the plaintiff and William Arnheim; the defendant Catherine Arnheim was not a party thereto. Obviously, therefore, only the husband was liable for the rent, -unless a surrender of the lease and a new letting to the defendant had been shown. Laughran v. Smith, 75 N. Y. 206; Bedford v. Terhune, 30 id. 453; Ballou v. Baxter, 28 N. Y. St. Eepr. 431. William Arnheim went into possession with his family and remained in the house until May, 1898, when he left...


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Product Details
  • ISBN-13: 9781153891837
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 388
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1153891832
  • Publisher Date: 31 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 743 gr


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The Miscellaneous Reports (Volume 26); Cases Decided in the Inferior Courts of Record of the State of New York
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