Park v. Castle
New York Supreme Court
This was a summary proceeding to remove the defendant from the possession of a farm, in the town of Binghamton, as tenant of the plaintiff.
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This was a summary proceeding to remove the defendant from the possession of a farm, in the town of Binghamton, as tenant of the plaintiff. It was commenced before a justice of the peace, under the act of 1849. (Laws of 1849, p. 291.) The case made by the plaintiff before the justice was, that he leased the farm by parol, without writing, to the defendant, for one year, commencing on the first day of April, 1851; that the defendant occupied the farm under this lease until the first day of April, 1858, and that then he continued to occupy the farm for another year, by permission of the…
1Opinion of the Court
Balcom, Justice.
There can be no doubt but that the defendant, by holding over after the expiration of the year for which he hired the farm, without any new agreement, but by permission of the plaintiff, became a tenant from year to year. The authorities agree in regard to this proposition. (See 4 Kents Com., 9th ed., 124-131.) I cannot hold that the defendant was a tenant at will from year to year, although the Ontario and Saratoga county judges have decided that a person in a like situation is such a tenant. (Prouty agt. Prouty, 5 How. Pr. R., 81; Wright agt. Mosher, 16 id., 454). The…
2Cases cited3 opinions
- Post v. PostNew York Supreme Court · 1852
- Jackson ex dem. Wood v. SalmonNew York Supreme Court · 1830
- Sherwood v. PhillipsNew York Supreme Court · 1835
3Cited by6 opinions
- Adams v. . City of CohoesNew York Court of Appeals · 1891
- Ludington v. GarlockNew York Supreme Court · 1890
- Adams v. City of CohoesNew York Supreme Court · 1889
- Thompson v. ChickNew York Supreme Court · 1895
- Rorbach v. CrossettNew York Supreme Court · 1892
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