Legal Opinion

Banks v. Carter

New York Court of Common Pleas

Decided January 7, 1878PublishedCited by 10 opinions

Appeal from tl judgment of this court, entered upon a verdict in favor of the defendant, Carter, rendered at a trial at trial term before Judge Robinson and a jury, and from an order denying a motion for a new trial on the minutes.

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Appeal from tl judgment of this court, entered upon a verdict in favor of the defendant, Carter, rendered at a trial at trial term before Judge Robinson and a jury, and from an order denying a motion for a new trial on the minutes. The action was brought to recover arrears of rent, and for damages arising from the defendant’s leaving cumbersome personal property on the premises after the expiration of notice to quit, whereby plaintiff was deprived of the interest on purchase money until the property could be removed and a purchaser put in possession, and for money expended by plaintiff in…

1Opinion of the Court

Charles P. Daly, Chief Justice.

The tenancy was one of uncertain duration. It was, as the plaintiff’s counsel conceded upon the trial, a tenancy from month to month, which *419the parties had agreed could be determined by the landlord upon a notice of thirty days. Being thus in the nature of a tenancy at will, the thirty days’ notice had to he given in the mode prescribed by the Revised Statutes, 1 Rev. Stat. 745, §§ 7, 8,—that is, by delivering a notice' in writing to the tenant or to a person of proper age residing on the premises, or if the tenant could not be found, and there was no person…

2Cases cited3 opinions

  1. Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
  2. Curley v. TomlinsonNew York Court of Common Pleas · 1874
  3. People Ex Rel. Botsford v. . DarlingNew York Court of Appeals · 1872

3Cited by10 opinions

  1. Hamilton Park Builders Corp. v. RogersNew York Supreme Court · 1956
  2. In re the Estate of HookerNew York Surrogate's Court · 1940
  3. In re the Estate of GrubeNew York Surrogate's Court · 1938
  4. Hand v. Knaul, New York County Courts1921
  5. Jacob v. Jacob, New York County Courts1925

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