Gilfoyle v. Cahill
Appellate Terms of the Supreme Court of New York
Appeal from a judgment for the plaintiff which was rendered by the District Court in the city of Hew York for the eighth judicial district in an action tried by the justice without a jury.
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Appeal from a judgment for the plaintiff which was rendered by the District Court in the city of Hew York for the eighth judicial district in an action tried by the justice without a jury. Action by the assignee of the lessor, against the lessees, to recover a month’s rent for premises in the city of Hew York, the defendants having entered into possession of such premises, with the consent of the lessor, under an oral agreement of lease for more than a year at a monthly rental,.payable in advance, pending the execution of the lease in writing, and having vacated and abandoned the premises…
1Concurrence
McAdam, J. (concurring.)
The agreement being for a term exceeding one year, was void. 2 R. S. (9th ed.) 1885, § 8. If the lessees had declined to enter into possession they would not have *72been, liable for rent (Edge v. Strafford, 1 C. & J. 391; Iman v. Stamp, 1 Stark. 12), or if the landlord had declined to let them into possession he would not have been liable (Reed on St. of Fr., §§ 682, 683; Erben v. Lorillard, 19 N. Y. 299); for a void thing is no thing, and creates neither rights nor duties. Dung v. Parker, 52 N. Y. 494.
But where a person enters as tenant under such an agreement he…
2Cases cited15 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Reeder v. . SayreNew York Court of Appeals · 1877
- Erben v. . LorillardNew York Court of Appeals · 1859
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Laughran v. . SmithNew York Court of Appeals · 1878
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