Howell v. Colson

Appellate Terms of the Supreme Court of New York

Howell v. Colson

116 N.Y.S. 565

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 7, 1909

StatusPublished

This text of 116 N.Y.S. 565 (Howell v. Colson) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howell v. Colson, 116 N.Y.S. 565 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

Plaintiff claimed that defendant held over after an expired term. The undisputed fact is that defendant did remain and pay one month’s rent. He then without notice removed. The landlord in those circumstances properly took possession and relet. This action is to recover two months’ rent and to establish a lien on furniture as provided in the .lease for the unexpired term. The complaint was dismissed at the close of plaintiff’s case, and a motion for a new trial denied. This was error. Plaintiffs established a prima facie case.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.

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PER CURIAM.

Plaintiff claimed that defendant held over after an expired term. The undisputed fact is that defendant did remain and pay one month’s rent. He then without notice removed. The landlord in those circumstances properly took possession and relet. This action is to recover two months’ rent and to establish a lien on furniture as provided in the .lease for the unexpired term. The complaint was dismissed at the close of plaintiff’s case, and a motion for a new trial denied. This was error. Plaintiffs established a prima facie case.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.

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Bluebook (online)

116 N.Y.S. 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-colson-nyappterm-1909.