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Newcombe v. Eagleton

73 N.Y. St. Rep. 845 Court N.Y. City Ct. Decision date 1896-03-16 English

Delivered by CONLAN, J.

Contents

Majority

p. 845
Ida M. Newcombe, Resp’t, v. Thomas Eagleton, App’lt.
(New York City Court, General Term,
Filed March 16, 1896.)

Headnote

jLease—Obligation of surety.
As to rent thereafter accruing, the liability of'a surety on alease terminates with issuance by a justice, in summary proceedings, of a warrant for the removal of the tenant from the premises.
Appeal from a judgment on a verdict directed for plaintiff,
Foley & Early, for app’lt; George Lithauer, for resp’t.

Appeal from a judgment entered by direction ■of the court, and from an order denying a motion for a new trial.

p. 846
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.