Opinion
06-19-1920
WERNIKOFF et al. v. BROOKS.
Benjamin M. Weinberg, of Newark, for complainants. Jacob L. Newman, of Newark, for defendant.
Bill by Morris Wernikoff and others against Samuel Brooks. On order to show cause. Order dismissed.
Benjamin M. Weinberg, of Newark, for complainants.
Jacob L. Newman, of Newark, for defendant.
FIELDER, V. C. If the assignment of the lease and subsequent acceptance of rent from the assignee did not work a surrender of the lease by operation of law, then the dispossess proceeding in the district court against the original lessees was proper, and the complainants have no standing in this court. If, however, the facts as shown by the affidavits of both parties are sufficient for a court to determine that there was a surrender of the lease, then the lessors and their grantee will proceed at their peril to eject the complainants from the premises, and they will be liable in damages for their trespass. Complainants allege that they will suffer irreparable loss and injury, but I can see no special circumstances which would limit a jury in an award of damages if the defendant in this case should be guilty of a trespass, and this court cannot assume jurisdiction merely because of the fact that such damages might be considered inadequate to compensate complainants. McGann v. La Brecque Co. (Err. & App.) 109 Atl. 501.
The order to show cause will be dismissed.