
    Ruth A. Wallace, Resp’t, v. Terral C. Dimmony, Jr., App’lt.
    
      (New York City Court, General Term,
    
    
      Filed October 23, 1894)
    
    Landlord and tenant—Surrender.
    The defense, in an action for rent, that the landlord accepted a third person as a tenafit is not sxiatained, where the evidence did not show any surrender of the original lease, but did show that such third person refused to make a new lease.
    Appeal from a judgment in favor of the plaintiff.
    
      John J Adams, for app’lt; John H. Miller, for resp’t.
   Newburger, J.

This action is for 10 months’ rent due under a lease. -The defendant admits the making of the lease, but claims to have sold his business to a corporation who took possession of the premises, and that the plaintiff accepted said corporatian as a tenant. At the close of the defendant’s case the trial justice directed a verdict for the plaintiff, to which defendant duly excepted. There is no evidence in the case showing any surrender of the original lease. The evidence clearly shows that the corporation refused to make a new lease. The direction was a proper one, and the judgment must be affirmed, with costs.  