Schuyler v. . Smith
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This was an action to recover rent.
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Appeal from the judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This was an action to recover rent. The complaint stated K that in or about the month of April, 1863, by an agreement made and entered into between the plaintiff and the defendants, the plaintiff let and rented unto the defendants, and the defendants hired and took from the plaintiff a certain dock or wharf, and a lot of land adjacent thereto, lying and situate in the town of Yonkers, county of Westchester, for the…
1Opinion of the Court
Earl, C.
The answer admits the relation of landlord and tenant"1 between the parties as to the wharf, and that the defendants had held the wharf as tenants for several years prior to the first day of Hay, 1864, and paid rent for the same; that the tenancy expired Hay 1, 1864, and that they held over the term until Hay 21. It does not appear precisely what the rights of the defendants were under their lease nor upon what water the wharf was located. From the fact, however, that it was used for a steamboat landing, we may infer that it was upqn the Hudson river. The defendants admit that they…
2Cases cited9 opinions
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Coffin v. . ReynoldsNew York Court of Appeals · 1868
- Giles v. . ComstockNew York Court of Appeals · 1850
- Smith v. . CountrymanNew York Court of Appeals · 1864
- Evertsen v. SawyerNew York Supreme Court · 1829
4 more not listed; retrieve them via the Exa API.
3Cited by143 opinions
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Laughran v. . SmithNew York Court of Appeals · 1878
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Adams v. . City of CohoesNew York Court of Appeals · 1891
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