Davies v. . Mayor, Etc., City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, entered upon an order made November 3, 1880, overruling plaintiff’s exception and directing judgment on a verdict. (Reported below, 13 J.- & S. 373.) The nature of the action and the facts appear sufficiently in the opinion. The mayor, aldermen and commonalty may be held liable as a tenant at sufferance holding over after the expiration of the term.
Read the full summary
Appeal from judgment of the General Term of the Superior Court, of the city of New York, entered upon an order made November 3, 1880, overruling plaintiff’s exception and directing judgment on a verdict. (Reported below, 13 J.- & S. 373.) The nature of the action and the facts appear sufficiently in the opinion. The mayor, aldermen and commonalty may be held liable as a tenant at sufferance holding over after the expiration of the term. (Witt v. The Mayor, 5 Robt. 248 ; 6 id. 441; Schuyler v. Smith, 51 N. Y. 309, 316; 1 Hilliard on Real Property, 394; 4 Kent’s Com. 117 ; Conway v.…
1Opinion of the Court
Folger, Ch. J.
This is an action brought to recover rent. The plaintiff showed on the trial that he owned premises in Hew York city, known as rooms Hos. 1,2, 3, in Ho, 317 Broadway ; that the board of supervisors of the county of Hew York, which was then made up of the mayor, the recorder, and the aldermen of that city (Laws of 1870, chap. 190, § 1, p. 481) on the 13th May, 1872, by a resolution entered in the minutes kept of the proceedings of the board, directed that a lease be executed of those rooms, for the purpose of chambers for the recorder, for one year from May 1st of that year, at…
2Cited by7 opinions
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Marino v. Town of RamapoNew York Supreme Court · 1971
- Davies v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Moran Towing & Transp. Co. v. City of New YorkDistrict Court, S.D. New York · 1929
- Albion Industrial Center v. Town of AlbionAppellate Division of the Supreme Court of the State of New York · 1978
2 more not listed; retrieve them via the Exa API.