Legal Opinion

Livingston v. . Tanner

New York Court of Appeals

Decided June 5, 1856PublishedCited by 26 opinions

1Opinion of the Court

The only question in this case is, whether the defendant was entitled to a notice to quit, before an action could be brought against him to recover possession of the premises. It is agreed by the counsel on both sides, and authorities are cited by each to show, that the defendant, at common law, would have been regarded as strictly a tenant at sufferance at the time this action was commenced. As there is no doubt upon this point, we may assume it as an undeniable proposition; and it is equally certain that at common law a tenant at sufferance was not entitled to notice to quit. He was…

2Cases cited2 opinions

  1. Jackson ex dem. Ferris v. FullerNew York Supreme Court · 1809
  2. Jackson v. ParkhurstNew York Supreme Court · 1809

3Cited by26 opinions

  1. Allen v. CarpenterMichigan Supreme Court · 1866
  2. Chase v. United StatesCourt of Appeals for the Eighth Circuit · 1919
  3. Liberty Industrial Park Corp. v. Protective Packaging Corp.New York Supreme Court · 1972
  4. People ex rel. Cooper v. FieldsNew York Supreme Court · 1869
  5. Clark v. CregoNew York Supreme Court · 1867

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