Majority
p. 424(16 Misc. Rep. 285.) NEWCOMBE v. EAGLETON. (City Court of New York, General Term. March 16, 1896.) Argued before FITZSIMOAS, CONLAN, and O’DWYER, JJ.
Headnote
Lease—Termination op Surety’s Obligation.Liability of a surety on a lease terminates with issuance by a justice, in summary proceedings, of a warrant for the removal of the tenant from the premises, as to rent thereafter accruing.
Appeal from trial term.
Action by Ida M. Aewcombe against. Thomas Eagleton, surety on a bond conditioned for performance of the conditions of lease from plaintiff to Thomas E. Flannery. The rent for which it was sought to hold defendant accrued after the issuance by a justice, in a summary proceeding by the landlord, of a warrant for the removal of the tenant. From a judgment on a verdict directed for plaintiff, defendant appeals.
Beversed.
Foley & Early, for appellant.
George Lithauer, for respondent.
Appeal from a judgment entered by direction of the court, and from an order denying a motion for a new trial.' The legal obligation of the defendant as surety on the lease terminated with the issuance of the warrant by the justice.
The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.