Clarke v. . Howland
New York Court of Appeals
Appeal from judgment of the General-Term of the Supreme Court,- in the third judicial department, entered upon an order made May 6, 1879, affirming an order of Special Term, which denied a motion for a new trial. This action was brought originally against Samuel Ham, the testator of the present defendant, to restrain him from removing the buildings from certain premises in the village of Catskill.
Read the full summary
Appeal from judgment of the General-Term of the Supreme Court,- in the third judicial department, entered upon an order made May 6, 1879, affirming an order of Special Term, which denied a motion for a new trial. This action was brought originally against Samuel Ham, the testator of the present defendant, to restrain him from removing the buildings from certain premises in the village of Catskill. It appeared that on January 23, 1832, George Clarke, the father of the plaintiff, who was then the owner of the premises, and to whose title plaintiff succeeded, executed a lease thereof to Isaac…
1Per curiam
We think that this case was properly disposed of at the Circuit upon the grounds stated by the judge. The defendant’s testator held under the ten-years’ lease introduced in evidence upon the trial, and the payment and acceptance of rent, although sometimes more than the amount named in the lease,' was a recognition of its covenants and of the right to remove the building, which was done in accordance therewith. The permission to occupy implied a renewal of the lease upon the same terms, except as modified from year to year. The title of the defendant’s testator was also clear by means of…
2Cited by8 opinions
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Debobes v. ButterlyAppellate Division of the Supreme Court of the State of New York · 1924
- Brown v. KayserWisconsin Supreme Court · 1884
- Coatsworth v. RayNew York Supreme Court · 1898
- Cole v. SanfordNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.