Kittie Fults, Appellant v. John C. Munro, Respondent

Summary

The New York Court of Appeals reversed the trial court's nonsuit and ordered a new trial, holding that the plaintiff, an assignee of the lease, was not bound by a judgment entered against the original lessee and that the officer's assistant's conduct could constitute forcible detainer. The court explained that the entry was not forcible, but the show of force by the assistant was sufficient to allow a jury to find forcible detainer and award treble damages.