Laughran v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upoii an order overruling exceptions and directing judgment on a verdict. (Reported below, 11 Hun, 311.) This action was brought to recover rent.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upoii an order overruling exceptions and directing judgment on a verdict. (Reported below, 11 Hun, 311.) This action was brought to recover rent. The complaint alleged that the parties entered into a written lease by which defendants leased of the plaintiff certain premises in Brooklyn for the term of five years, from May 1, 1870, at the yearly rent of $3,500, and claimed to recover rent accruing May 1, 1872. The defendant Smith alone appeared and answered. The…
1Opinion of the CourtAndrews, J.
The lease having been subscr ed by the lessees only, and not by the lessor, and being for a longer period than one year, was void, and created no estate or interest In the land,. and imposed no obligation upon either of the parties. (2 Rev. Stat., 135, §§ 6, 8.) But a tenancy was created by the entry of the lessees under the void agreement, and the character of this tenancy, is the principal point to be determined.
In some cases it has been said that a parol lease for a period longer than a year, is good as a lease for a year, but if by this it is meant that a contract which the statute…
2Cases cited7 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
- Fischer v. . Hope Mutual Life Ins. Co.New York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Baylies v. IngramAppellate Division of the Supreme Court of the State of New York · 1903
- Coudert v. . CohnNew York Court of Appeals · 1890
- Marr v. RayIllinois Supreme Court · 1894
- Evans v. Winona, Lumber Co.Supreme Court of Minnesota · 1883
51 more not listed; retrieve them via the Exa API.