Holloway v. Schmidt

Appellate Terms of the Supreme Court of New York

Decided November 15, 1900

Appellate Terms of the Supreme Court of New York · decided 1900-11-15

<p>Appeal from a judgment in favor of the defendants, rendered in the Municipal Court of the city of Hew York, tenth district, borough of Manhattan.</p>

Cited by 3 later decisions — most recently February 1949

3 state decisions

Key passage — most relied on by later courts

““The words, ‘first privilege of a renewal,’ as used in the lease, meant the prior right to a lease of five years upon terms the same as those in the lease of 1895, provided the landlord should give a lease.””

quoted by 1 later decision, including Laevin v. St. Vincent De Paul Society of Grand Rapids

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

View the full empirical analysis of this case →

Per Curiam.

¶1The words “ first privilege of a renewal ”, as used in the lease, meant the prior right to a lease of five years upon terms the same as those in the lease of 1895, provided the landlord should give a lease.

¶2This construction seems reasonable, particularly in view of the evidence of Mrs. Schmidt that when the lease was first made and her husband came down, Mr. Peering said “we don’t give no ten years ”.

¶3The order is reversed, with costs. An order of dispossession will be granted.

¶4Present: Tbuax, P. J., Scott and Dugbo, JJ.

¶5Order reversed, with costs. Order of dispossession granted.