Post v. Post
New York Supreme Court
This was a summary proceeding to remove the defendant, as tenant. It was commenced before a justice of the peace under the act of April 3,1849, (Laws of 1849, p. 291.) The affidavit of the landlord, amongst other things, stated “ that he, on the 1st September, 1837, demised the premises in question to the defendant for and during the will and pleasure?’ of the landlord ; that on the 12th February, 1852, he caused a notice in writing to fie served on the defendant, requiring…
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This was a summary proceeding to remove the defendant, as tenant. It was commenced before a justice of the peace under the act of April 3,1849, (Laws of 1849, p. 291.) The affidavit of the landlord, amongst other things, stated “ that he, on the 1st September, 1837, demised the premises in question to the defendant for and during the will and pleasure?’ of the landlord ; that on the 12th February, 1852, he caused a notice in writing to fie served on the defendant, requiring him to remove from and quit the premises within one month after service of said notice. The affidavit stated that the…
1Opinion of the CourtWillard, P. J.
The revised statutes, (2 R. S. 512,) as amended by the act of 1849, (Laws of 1849, p. 291,) permit “ a tenant or lessee at will, or at sufferance, or for any part of a year, or for one or more years," &c. to be removed in a summary manner, as therein prescribed. The 28th section as amended provides for the removal of four classes of tenants: 1. When the tenant shall hold over after the expiration of his term, without the permission of his landlord. 2. When he shall hold over without permission, after non-payment of rent, and a demand or three days notice in writing requiring such payment, &c.…
2Cases cited5 opinions
- Jackson v. BradtNew York Supreme Court · 1804
- Jackson ex dem. Livingston v. BryanNew York Supreme Court · 1806
- Jackson ex dem. Phillips v. AldrichNew York Supreme Court · 1816
- Phillips v. CovertNew York Supreme Court · 1810
- Southard v. HallCourt of Appeals of Kentucky · 1835
3Cited by18 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- Harris v. . FrinkNew York Court of Appeals · 1872
- Larned v. . HudsonNew York Court of Appeals · 1875
- Lewittes & Sons v. SpielmannAppellate Terms of the Supreme Court of New York · 1947
- Towne v. BowersSupreme Court of Missouri · 1884
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