Morgan v. United States
United States Court of Claims
The Rejjorters’ statement of tlie case: Tlie following are tlie material portions of tlie lease on wbicb the action is brought: “ This agreement, made this tenth day of January, one thousand eight hundred and sixty-five, between Captain J. H. Cro-well, assistant quartermaster, in behalf of the United States of America, of the one part, and Thos.
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The Rejjorters’ statement of tlie case: Tlie following are tlie material portions of tlie lease on wbicb the action is brought: “ This agreement, made this tenth day of January, one thousand eight hundred and sixty-five, between Captain J. H. Cro-well, assistant quartermaster, in behalf of the United States of America, of the one part, and Thos. P. Morgan and George Rliinehart, of Washington, D. 0., doing business under the name and firm of Morgan & Rliinehart, of the other part, wit-nessetli : “ That the said party of the second part, for and in consideration of the rents and covenants…
1Opinion of the Court
Nott, J.,
delivered tbe opinion of tbe court:
It is a fundamental principle of landlord and tenant law that a tenant bolding over after tbe expiration of bis term, amid circumstances wbicb import a continuance of tbe relation of landlord and tenant, continues to bold upon tbe conditions of tbe lease and to be liable for sucb rent as it reserves. In some cases a holding over may constitute a tenancy at sufferance; in others, a tenancy at will or from year to year; but; in all cases tbe landlord may recover at tbe agreed rate (Cobb v. Stokes, 8 East, 358), either as rent (Ibbs v. Richardson, 9…
2Cases cited4 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- United States v. GillisSupreme Court of the United States · 1877
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jamieson v. MillemannThe Superior Court of New York City · 1854
3Cited by4 opinions
- Smoot v. United StatesUnited States Court of Claims · 1903
- Solomons v. United StatesUnited States Court of Claims · 1886
- Spofford v. United StatesUnited States Court of Claims · 1897
- Pacific Railroad v. United StatesUnited States Court of Claims · 1885