3 E.D. Smith 560
New York Court of Common Pleas
Decided December 15, 1854
New York Court of Common Pleas · decided 1854-12-15
Action for rent due by the terms of a lease. The tenant, during the demised term, abandoned the premises, and delivered the key to the landlord’s agent, who accepted it, remarking, “I will receive the key, but not the premises.” The defendant claimed that accepting the key was an acceptance of his surrender of the premises, and operated to release him from his covenant to pay rent. The Fourth District Court gave judgment for the plaintiff. The defendant appealed.
Decided 1854-12-15
¶1There was no testimony showing that the landlord consented to release the defendant and accept a surrender of the premises. The only evidence upon the point was, that the key was delivered to the plaintiff’s agent, who accepted it, but declared at the same time, that he would receive the key but not the premises. Judgment must be affirmed.
¶2Judgment affirmed.