Legal Opinion

Prindle v. Anderson

New York Supreme Court

Decided May 15, 1838PublishedCited by 11 opinions

Landlord and tenant. This was a certiorari to bring up proceedings had under the landlord and tenant act, against a tenant for holding over, 2 R. S. 421, 2d ed.

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Landlord and tenant. This was a certiorari to bring up proceedings had under the landlord and tenant act, against a tenant for holding over, 2 R. S. 421, 2d ed. On the 17th June, 1S36, Anderson the landlord, made affidavit that he was the owner of a certain lot of land (describing it) and that a day or two previous to the 1st September, 1835, a verbal agreement was made between him and Prindle, the tenant, by which he was to lease the lot to Prindle for the term of one year and eight months, from 1 st September, 1835, at a certain monthly rent, payable monthly ; that one of the conditions of…

1Opinion of the Court

By the Court,

Co wen, J.

It is not pretended that the proceedings subsequent to the affidavits, were irregular; and we do not, on certiorari, look into the merits.

Does the affidavit of Anderson make out a tenancy and a holding over ? 2 R. S. 422, § 28, sub. 2. The agreement by parol was void within the statute of frauds, 2 R. S. 69, § 8, 2d ed. If otherwise, it was executory, and conferred no interest in the lessee. The rule insisted on, that the oral agreement became valid for the year and 8 months, by a past execution, has no application in a court of law. It did not become valid as such.…

2Cited by11 opinions

  1. Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
  2. Steffens v. EarlSupreme Court of New Jersey · 1878
  3. Bank of United States v. National City BankNew York Supreme Court · 1924
  4. Edwards v. ClemonsNew York Supreme Court · 1840
  5. Koplitz v. GustavusWisconsin Supreme Court · 1879

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