Jackson ex dem. Wills v. Stiles
New York Supreme Court
Sudam, moved that Maria C. Gouverneur be admitted to defend in the place of Tucker, the tenant, who held by lease from her, he having refused to appear and defend.
Read the full summary
Sudam, moved that Maria C. Gouverneur be admitted to defend in the place of Tucker, the tenant, who held by lease from her, he having refused to appear and defend. T. J. Oakley, read an affidavit, shewing that Tucker originally took possession under a lease from one of the lessors of the plaintiff, Abu. 1,1821, and held under the same till the 1 st of May last, when the lease expired ; that Tucker had ever since continued to hold over against the will of the lessors ; and had taken a lease from Maria C. Gouverneur, of the premises in question, commencing on the first day of May.
1Opinion of the Court
Curia.
The motion must be denied. The tenant was bound to surrender the possession to his original landlord, and cannot be permitted to controvert his title, or enable Miss Gouverneur to do this by taking a lease from her. We will not permit her to set Up any defence which the tenant could not. She has no right to be considered landlady for the purposes of such a defence.
Motion denied.
2Cited by8 opinions
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
- Pope v. HarkinsSupreme Court of Alabama · 1849
- Church v. WrightAppellate Division of the Supreme Court of the State of New York · 1896
- People v. LadewNew York Supreme Court · 1918
3 more not listed; retrieve them via the Exa API.