Bancroft v. Wardwell
New York Supreme Court
THIS was an action of assumpsit, for use and occupation, which was tried before Mr. Justice Van Ness, at the Oneida . . . circuit, m June, 1816. ' 7 t The premises in question, were situate in the town of Rome, in the county of Oneida, and were part of certain lands which had been held by one Hawes, under a lease for three lives, who died leaving several children, his heirs at law, and a widow, who was now the wife of the plaintiff, whose dower was assigned to her in…
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THIS was an action of assumpsit, for use and occupation, which was tried before Mr. Justice Van Ness, at the Oneida . . . circuit, m June, 1816. ' 7 t The premises in question, were situate in the town of Rome, in the county of Oneida, and were part of certain lands which had been held by one Hawes, under a lease for three lives, who died leaving several children, his heirs at law, and a widow, who was now the wife of the plaintiff, whose dower was assigned to her in severalty by the heirs, which the plaintiff had improved and leased, reserving the rents, for several years, until 1812. One…
1Per curiam
This is a motion to set aside a nonsuit granted at the trial. The action is for use and occupation; and the question is, whether the evidence was sufficient to support the action. It is a well settled principle, that this action cannot be sustained, unless the relation of landlord and tenant exists between the .parties. But the facts in this case furnish no *492evidence of any such relatiori. If the defendant could'be eo'nsi¿efe(3 a? holding at all, under,.or by the permission'oft vtbe plaintiffs, it was as a. purchaser, and not as a tenant. Such holdiñg. is riot enough to maintain this action,…
2Cited by16 opinions
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
- Whittier v. StegeCalifornia Supreme Court · 1882
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- United States v. BallUnited States Circuit Court · 1887
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