Adams v. Freeman
New York Supreme Court
I'N ERROR, on certiorari to a justice’s court.. This was: an action of trespass, brought ^by the plaintiff m error against the defendant in error, for entering the-plaintiff’s •, ° t i i M x house. The- defendant pleaded not guilty; and, on the trial» r 0 J 7 7 5 ^6 plaintiff proved, that, he being m bed, (whether, in the day time or at night is not stated,) the defendant entered his. house without permission.
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I'N ERROR, on certiorari to a justice’s court.. This was: an action of trespass, brought ^by the plaintiff m error against the defendant in error, for entering the-plaintiff’s •, ° t i i M x house. The- defendant pleaded not guilty; and, on the trial» r 0 J 7 7 5 ^6 plaintiff proved, that, he being m bed, (whether, in the day time or at night is not stated,) the defendant entered his. house without permission. The plaintiff’s son,, by order of his father,. requested the defendant to leave the house,; to which; the defendant answered, that he would* go when he pleased!. The plaintiff’s. wife…
1Opinion of the Court
Fer Curiam.
To entera dwelling house without license, is,* in law, a trespass. Any person professing to keep an inn, thereby gives general license to all persons to- enter his house. But the house of the plaintiff does not appear to have been an inn, and, therefore, to render such ah entry lawful*, there must be a permission express or implied; and familiar’intimacy may be evidence of general license for such purpose. According to the evidence, here was no such permission ; and, there? fore, the act of entering the plaintiff’s house was a trespass* Besides, if the defendant had received…
2Cited by4 opinions
- Divine v. McCormickNew York Supreme Court · 1867
- Markham v. BrownSuperior Court of New Hampshire · 1837
- Foye v. SewellNew York Court of Common Pleas · 1888
- Martin v. HoughtonNew York Supreme Court · 1865