Conway v. Starkweather
Court for the Trial of Impeachments and Correction of Errors
Error to the recorder’s court of Buffalo. Conway brought replevin against Starkweather and Brown in the court below; and the case was this: In April, 1838, the defendants Stark-weather and Brown, by a written lease, demised a house in Buffalo to the plaintiff Conway for the term of one year from the first day of May following, at the annual rent of $300, payable quarterly in advance. The plaintiff entered and held under the lease.
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Error to the recorder’s court of Buffalo. Conway brought replevin against Starkweather and Brown in the court below; and the case was this: In April, 1838, the defendants Stark-weather and Brown, by a written lease, demised a house in Buffalo to the plaintiff Conway for the term of one year from the first day of May following, at the annual rent of $300, payable quarterly in advance. The plaintiff entered and held under the lease. In April, 1839, the parties, by a writing endorsed on the lease, continued the term for one year longer: and in April, 1840, they, by a like agreement, continued…
1Opinion of the Court
By the Court, Bronson, Ch. J.
When a tenant under a demise for a year or more, holds over after the end of his term, without any new agreement with the landlord, he may be treated as a tenant from year to year, and in all other respects as holding upon the terms of the original lease. The landlord has an election to treat him either as a trespasser, or as a tenant. He will be a trespasser if the landlord brings ejectment, or resorts to summary proceedings under the statute to recover the pos*115session. He will be a tenant.if the landlord either receives or distrains for rent accruing after the…
2Cases cited1 opinion
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1818
3Cited by50 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Laughran v. . SmithNew York Court of Appeals · 1878
- Adams v. . City of CohoesNew York Court of Appeals · 1891
- Giles v. . ComstockNew York Court of Appeals · 1850
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