Witt v. Mayor of New York
The Superior Court of New York City
Appeal from a judgment in favor of the defendants. On the 26th of July, 1858, the common council of the city of New York passed a resolution, duly approved by the mayor, by. which the comptroller was authorized to lease from the proprietor of the “ Times” building the four upper stories of the one adjoining the brown stone building, being the fourth building from the corner of Spruce street, fronting on Park Row, for the term of two years, at an annual rent not to exceed the…
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Appeal from a judgment in favor of the defendants. On the 26th of July, 1858, the common council of the city of New York passed a resolution, duly approved by the mayor, by. which the comptroller was authorized to lease from the proprietor of the “ Times” building the four upper stories of the one adjoining the brown stone building, being the fourth building from the corner of Spruce street, fronting on Park Row, for the term of two years, at an annual rent not to exceed the sum of five thousand five hundred dollars. Under the authorization of the said resolution the comptroller leased the…
1Opinion of the Court
By the Court, Jones, J.
The general principle that a tenant under a demise for a year or more by holding over after the expiration of his term, becomes tenant from year to year, is well supported by authority. (Conway v. Starkweather, 1 Denio, 113.) Indeed the principle has not been denied in the case at bar. But it is contended, 1st. That the tenant has a reasonable time after the expiration of his term, within which to remove his goods and chattels; and that as in this case the tenant held over only for such reasonable time, there is no such holding over as constitutes him a tenant from year…
2Cases cited3 opinions
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Pugsley v. . AikinNew York Court of Appeals · 1854
3Cited by2 opinions
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
- Bent v. RenkenAppellate Terms of the Supreme Court of New York · 1904