Carlisle v. McCall
New York Court of Common Pleas
Appeal from the judgment of the justice of the Fourth District Court, in summary proceedings to recover possession of land.
Read the full summary
Appeal from the judgment of the justice of the Fourth District Court, in summary proceedings to recover possession of land. The affidavit of William Carlisle, on which the proceedings before the justice were based, stated that he was owner of the premises claimed (the back basement room of the house 47 Troj street, in New York city); that be rented them to Elizabeth Markey for one month ; that, daring that term, Catharine McCall, Jane McCall and Richard Carlisle entered on the premises under Markey, and she,, as deponent was informed and believed, demised the same to them; that the term had…
1Opinion of the Court
Daly, J. —
The foundation for this proceeding was the demif® from the plaintiff to Mrs. Markey, and unless the evidence will support a finding, on the part of the justice, that the defendants’ possession was under that demise, the judgment was erroneous! As the defendants entered while Mrs. Markey was in possession and before the expiration of the month for which she had paid rent, the legal presumption might be that they remained in possession after she left, as her assignee. But that presumption 'is destroyed by her positive statement that she never gave thexni, permission to come in, or…
2Cited by4 opinions
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Mandracchia v. RussoAppellate Terms of the Supreme Court of New York · 1967
- Marks v. WilsonThe Superior Court of New York City · 1860
- Santilli v. Illinois Surety Co.Appellate Terms of the Supreme Court of New York · 1913