Pugh v. O'Rourke

Appellate Terms of the Supreme Court of New York

Pugh v. O'Rourke

35 Misc. 818, 72 N.Y.S. 1124

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 818 (Pugh v. O'Rourke) 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

Pugh v. O'Rourke, 35 Misc. 818, 72 N.Y.S. 1124 (N.Y. Ct. App. 1901).

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Opinion

Per Curiam.

It seems to ns that the acceptance of the keys' of the apartment and the immediate efforts of the plaintiff to relet the same on his own account were sufficient evidence of the plaintiff’s acceptance of the surrender. The allowance of the full rent due was, therefore, error; the judgment below should have been limited to the sum of eighty dollars, due June 19, 1900. I£ the principal recovery shall be by stipulation reduced to that sum, with interest, the judgment in that event will be affirmed, without costs in this court. If not so reduced the judgment will be reversed and a new trial ordered, with costs to abide the event.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, without costs, if reduced to eighty dollars. If not so reduced, judgment reversed, with costs to abide event.

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Per Curiam.

It seems to ns that the acceptance of the keys' of the apartment and the immediate efforts of the plaintiff to relet the same on his own account were sufficient evidence of the plaintiff’s acceptance of the surrender. The allowance of the full rent due was, therefore, error; the judgment below should have been limited to the sum of eighty dollars, due June 19, 1900. I£ the principal recovery shall be by stipulation reduced to that sum, with interest, the judgment in that event will be affirmed, without costs in this court. If not so reduced the judgment will be reversed and a new trial ordered, with costs to abide the event.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, without costs, if reduced to eighty dollars. If not so reduced, judgment reversed, with costs to abide event.

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Bluebook (online)

35 Misc. 818, 72 N.Y.S. 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pugh-v-orourke-nyappterm-1901.