Smith v. . Littlefield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. This action was ejectment; the defence that the defendant was in possession under a lease; the facts appear sufficiently in the opinion. Defendant was a tenant at sufferance and was entitled to notice.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. This action was ejectment; the defence that the defendant was in possession under a lease; the facts appear sufficiently in the opinion. Defendant was a tenant at sufferance and was entitled to notice. (Woodfall’s Tenant Law, chap. 7, § 6, 237; Coke’s Littleton, 57, b; Wendell’s Blackstone, 150.) No action of ejectment can be maintained against him without a month’s notice to quit. (3 R. S., 5th ed.,…
1Opinion of the Court
Earl, C.
The defendant hired the premises in question for one year, ending on the eighteenth day of April, 1865. He held over until the nineteenth day of June, without the” consent of the plaintiff, when this action was commenced. The plaintiff had served no notice to quit, and the sole question for our consideration is, whether such a notice was necessary. At common law, a tenant who held over after the expiration of his term became a tenant by sufferance. He had. only a naked possession, and ino estate which he could transfer or transmit.He stood in no privity to his landlord, was not liable…
2Cases cited3 opinions
- Allen v. JaquishNew York Supreme Court · 1839
- Garner v. HannahThe Superior Court of New York City · 1857
- Livingston v. TannerNew York Supreme Court · 1852
3Cited by11 opinions
- Kilbourne v. ForesterMissouri Court of Appeals · 1970
- Lewittes & Sons v. SpielmannAppellate Terms of the Supreme Court of New York · 1947
- Hinton v. BogartAppellate Division of the Supreme Court of the State of New York · 1915
- Lincoln National Life Insurance v. SampsonNorth Dakota Supreme Court · 1931
- Mueller v. DerwaeWisconsin Supreme Court · 1922
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