The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-24
TROUBLE ABOUT A fEmAif SEMINARY.
Superior CsnPt-apectal Terss.
Before Barbour, Justice.

HGy Y. Bean 70 Scma. n Psusnga and yama ~
6afes This was . motion to continue injunction,
granted by Justice oarvin restraining the defendans
Som continuing summary proceedings before The City
Judge which had bsen Instituted BY them 70 disposSess
che pAiptin from premises known No SO West Forty
sscond street. occupied A. female seminary. The
plaintiff charges IN her complaint that she hired the
house for one year from Mar lsos rent Of $4,000
pr year. from the ndans that the defendants have
proceedings 70 be commenced before the CITY
lodge 70 dsposscss her upon The ground tina, her time
has expired; and that ths solc ground for such
proeeeiing 10 that by the terms Of the lease
she covenanted 70 surrender the house 81 any
time during her term, upon resolving her ten
A~ys bo.ice in writ M requiring such surrender That
n September last such notice va given by the land
lords The compaint further charged tina, the clty
judge upon motion 10 dsmi~s tho PROCEEDINGS before
htm for want " jurisdiction declined d.. but the
eoni held thai tho .ervcc o. such notice pu, an end
" the term, tbre giving him jurisdiction under the
ssAuts which authorizes summary proceedings against
Nnsns Tor holding over aer the expiration Of the tern
fhs complaint rurthss alleged that being apprehcnsvs
hs she might be Disturbed hsr possession u the pre-
mscs by her landlords she applied tho the 23d day
of August lAlsof ascer;a whstncr they intended n
sva themselves al The ten days notice 70 qun srecaed Ia
the lease that was then agreed verbally thai such
aor would not % enieFocd daring the TORN, that relylsg
uIon such promise 10 rood faith. she has expended
about $500 IN making improvements and Otherwise NJ
Ting up the house Coz cps,on during lhv remainder
shs csse, but denied all knowledge Of sny repairs or
,nprovenenls ana also denied any ssreemen, revyinx
s sS ss ss . Ssyn held a.. ssy .r os.ss
- nrs, and 90, - corsrtner~ although u vas
Hsned By Pe,sanxt Co Tho defendant, Psssspsil w
Ma AfAyt admitted that he partially consented thai tas
palntln might reu during the year but the other de-
PENDANT dsnIed a. xlo~sdss Of any such sresmsas or
eorsenl
Wv Dodge, fc6 ,he plaintiff claimed that the IN.
1ancsion should 10 continued fof two ressons.-yrpd.
~ the terms Of the lease the panin vas entitled 20
She possensson o tle premises for the period of one
pear that such the dnss upon the part " the land
lords and thai the term 60 granted s0 not made %
eeas upon the ssvhe AZ TED days motto 10 vrtng-that
provision being simply the coVensn, 81 The tenant 70
SscAis rpoD suoh notice. the refusal 70 % only sub
70 coIfer Jurisdiction upon The cy fudge 20 snisrtac
Yocesdings 70 s;ocs for holding os(r Mes NE srgrs
non o. ns tsrn within The nearing q hs assusA
Scona NAT the construction esiuef Tor Ne Less ~
ns emenaAna should prevail then they we're sssagp~Q
om sonoying The plaintiff By such prcceedLxs. anos
oey NC eoessnsd 70 waive The ten dsys aNics 70
eel, won We strength o. vhsh consent ne piNnun
80 msssV sSpen1sa . lAUs sum = ns~sI
S"As - ~ hs0sa ~ has~ws =