Van Studdiford v. Kohn
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The person to whom the notice was given was a servant of the tenant, at the rented premises, in charge (with two other servants of equal rank and authority) of the tenant’s business at that place, in the absence of the latter, with recognized and express authority from the tenant to receive papers left with him at such place for his master during the latter’s absence; and such person, at the time…
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The person to whom the notice was given was a servant of the tenant, at the rented premises, in charge (with two other servants of equal rank and authority) of the tenant’s business at that place, in the absence of the latter, with recognized and express authority from the tenant to receive papers left with him at such place for his master during the latter’s absence; and such person, at the time of the service upon him, was in charge (with his fellow-servants) of the store, and received the notice for his master.…
1Opinion of the CourtRombauer, P. J.
The statute (sec. 6371) provides among other things, that “ all contracts or agreements for the leasing, renting or occupation of stores * * * in cities * * * not made in writing, signed by the parties thereto, or their agent shall be held and taken to be tenancies from month to month, and all such tenancies may be terminated by either party thereto, or his agent, giving to the party or his agent] one month’s notice in writing of his intention to terminate such tenancy.”
The defendant was, within the purview of this section, the plaintiff’s tenant from month to month. More than one month…
2Cases cited3 opinions
- Clark v. KeliherMassachusetts Supreme Judicial Court · 1871
- Walker v. SharpeMassachusetts Supreme Judicial Court · 1869
- Beiler v. DevollMissouri Court of Appeals · 1890
3Cited by3 opinions
- Meyer v. ChristianMissouri Court of Appeals · 1895
- Haumueller v. AckermannMissouri Court of Appeals · 1910
- Langan v. SchliefMissouri Court of Appeals · 1893