Leigh v. Lynton

9 F.R.D. 28 (1949)

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Nature of the Case

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Facts

D came to the United States in 1946 and moved to an apartment in Los Angeles, California. Ds as tenants entered into a lease for a term of one year ending August 31, 1947. There was an option to extend the lease for an additional period of two years. This extension privilege was exercised and, on January 1, 1948, Ds with the consent of the owners sublet to P the unexpired term of the said lease. P claims that he was forced to purchase Ds' furniture and furnishings at a price of $5,500. P sued D under the Housing and Rent Act of 1947 for treble damages. Mrs. Lynton, the wife of D, came to New York and the husband remained in California. In the spring of 1948, D came to New York, and both the wife and D rented an apartment. In August 1948, D returned to London, England, and has lived there ever since. Mrs. Lynton and a woman friend rented an apartment in the Hotel Wyndham, New York City. Mrs. Lynton resided in this hotel until October 1948. On September 20, 1948, a Deputy Marshal served Mrs. Lynton with a copy of the summons and complaint in this action and left another copy thereof with her for her husband, D. D moved to quash the summons.