Tobey v. Webster
New York Supreme Court
THIS was an action of trespass quare clausum fregitj and for taking and carrying away a house. The cause ■ was tried at the Greene circuit, in June, 1805, before Mr. Justice Thompson, The premises on which the trespass was alleged to have , been committed, were leased, on the 17th November, 1802, by the plaintiff, to one Barber, for two years.
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THIS was an action of trespass quare clausum fregitj and for taking and carrying away a house. The cause ■ was tried at the Greene circuit, in June, 1805, before Mr. Justice Thompson, The premises on which the trespass was alleged to have , been committed, were leased, on the 17th November, 1802, by the plaintiff, to one Barber, for two years. On the 26th July, 1803, Barber gave a writing to the defendant, granting him permission to occupy and improve the premises, as long as the defendant should remain in his (Barber’s) employ, and to build an addition to the house of 14 feet square, and…
1Opinion of the CourtYates, J.
An action of trespass may be maintained by a landlord against a tenant at will, for waste, because the injury determines the estate, and the possession considered as thereby actually in the landlord. The defendant here is an under tenant of a tenant for years ; and the alleged trespass was committed before the expiration of the term, j The instrument by which the defendant possessed the premises, made him a tenant at the will of the lessee for years, and not at the will of the original lessor ; |and if the lessee for years, his agents, or sub-tenants, did an injury to the freehold, the lessor…
2Cited by11 opinions
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- United States v. LoughreySupreme Court of the United States · 1898
- Schermerhorn v. BuellNew York Supreme Court · 1847
- Reid v. StanleySupreme Court of Pennsylvania · 1843
- Anderson v. NesmithSuperior Court of New Hampshire · 1834
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