Young v. . Dake
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fourth district, where the decision of the county judge of Saratoga county, in summary proceedings against a tenant holding oyer, had been affirmed on certiorari. This was a summary proceeding, under the statute, by Young against Dake, before the lion.
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Appeal from the general term of the Supreme Court, in the fourth district, where the decision of the county judge of Saratoga county, in summary proceedings against a tenant holding oyer, had been affirmed on certiorari. This was a summary proceeding, under the statute, by Young against Dake, before the lion. Augustus Bockes, county judge of Saratoga, to remove the defendant, as a tenant holding over, from the possession of a store in the town of Greenfield, in that county. *The plaintiff’s affidavit set forth, that on the 30th March 1848, he leased the premises to Dake, the defendant, for…
1Opinion of the CourtMcCouN, J.
The importance of this case is owing chiefly to the fact, that the judgment of the supreme court in the 4th district, on the opinion of Mr. Justice Paige, which is appealed from, and a judgment in the 5th district, in Croswell v. Crane (7 Barb. 191), on the opinion of Allek, J., upon precisely the same question, are directly in conflict with each other. That question is simply this, whether a parol agreement to let or demise a house or other real estate, for the term of one year, to commence in futuro, is valid in law ?
There are two sections of our present statute concerning “fraudulent…
2Cases cited1 opinion
- Croswell v. CraneNew York Supreme Court · 1849
3Cited by38 opinions
- Becar v. . FluesNew York Court of Appeals · 1876
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Railsback v. WalkeIndiana Supreme Court · 1882
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Brown v. KayserWisconsin Supreme Court · 1884
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