Young v. Peyser

Decided July 3, 1858

The Superior Court of New York City · decided 1858-07-03

This cause came on to be heard at General Term, upon a case agreed upon between the parties, pursuant to § 872 of the Code, as follows, to wit: “By an indenture of lease, dated the Sd day of April, 1857, executed by and between the plaintiff as lessor, and William and Marcus Fñedlander as lessees, the plaintiff demised and rented to said lessees all the lofts above the first or principal story of the brick store number twenty-two, on the south side of John street, in the…

Decided 1858-07-03

¶1By the Coubt.

Piebbepont, J.

¶2—The defendant was not obliged to enter under the léase assigned; he might have caused a removal of the goods of the assignor, without any act indicating an acceptance of the lease assigned, and thus have prevented any personal liability had he so desired. He however chose to accept the assignment, and to enter and enjoy the premises. He afterwards surrendered to the landlord. He is clearly liable for the quarter’s rent due November 1st, 1857; but not for the fourteen days following. {Martin v. Black, 9 Paige, 643.)

¶3Judgment must be entered for the plaintiff as stipulated in the case.

¶4Judgment accordingly.