New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-30
LAW LyIELLIGE NCE.
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MOTION ycR ISJUscIToS AND DssAors.
Msrrsret ysSOsion at Alexander se@nets- -
Mrs " alleges that in is52 she leased nom VI.
Seisreite the premises Ne. 3 Wsrfensi. or sesrs
for five years and eight moEths, at " 100 yes SGD
20 per ceut per year the cost Of any Improvements
he might meke-end thai should ssid cost exceed S
that che should have lease for FIX years snd eiynt
m0nths-that improvements were So msie eeuthus
her TO the longest period OF sese, end the rnt neiui
ing ssid 20 per cent amounted to $500 per annrn.
that Mr. Segnette agreed IL the event o. tae oFnfs
Of buildings either side taking down or improving
their property that he Mr.. would cause SAID NO.
% to be properly shored ~ during "a d mpEoSemenu
and allow reasonable deduction for reGt-thst he
building adjoining east OF said No. % was &terTard
taken Gown in is5s, and plaintiff complains that Mt
s. did not properly sttend 10 securing Nc - while The
excavation was proceeding adjoining, aud that sAe
sustained damage the amount OF 50 900. She alss
seses that in February asst. the building tbs west
aide Of said No 80 also taken down and vOry deep
excavations made for CELLARS, snd that Mr.. Sesnette
or his agent, refused 10 shore up had been agreed
upon and in May she was compelled to move, prs
yiousy pay ing the 5000 due TO l May, but reservin
her legal rights to claim dsmsges She slso says taH
in August the present month, notice was placed %
the house in the way OF petition to Judge Brdss.
stating that she had alb sUdoped ssd house aad owed
goo 10 Aug. l. and order served upon her from
Judge Birdsall directing her sureies. AnR Sesoary
and James l.. NalotioE-to which latter two, tor her
benefit the lease givenl-tO appear aud pay ssts
rent or the premises would be restored to the landlord
that she had offered before removing to pay the pro
rata rent of portion Of MAY to the time OF net TO
moyal she also placed otice on the house max ans
had removed to Wavefley-plsce.
She further Gays ths, Mr. seienette, soon sfts the
making OF said lease, went TO France where os GOV
rsdes leaving ss his agent TO act for bin Mr. james
b. ElleuaD; that she rendered said pro rata 10 tho
agent but he refused 20 take it, but Offered her 81 90
10 give up the lease and settle the whole matter sch
she 81 cnsd that she did intend when removing to
give up the lease, which Is very valuable the ocsos
being well suited for boarding house the purpose tor
which she hired and had occupied said building. She
complains hat Mr.. Seignette did not restore tho
building after il had become injured. to tensntsbe
condition as he should have done that her suretsss
are both away from the City, and she asks injunction
TO restrain Judge Brdsal from giving possession OF
sad premises 10 the landlord and AFRO claims damages
in the loes OF boarders and otherwise in $4,000
Argument was presented, Mr.. j. Nelson for plaint,d
and Nj C.. Edwsrds for defer dant. The latter con-
TENDS that Injunction cannot be granted IA p'Auth
should have appeared according 10 Law before judge
Brdssll to show that rent ws due, &C., and the
other matter is already, in relation to Preytoas
clsim by plaintiff, in court. Decision reserved.