Dresser v. Dresser
New York Supreme Court
THIS action was brought to recover for board, washing and mending, furnished by the plaintiff to the defendant. The defendant in his answer denied each and every allegation of the complaint. And for another defense, the defendant answered that the several demands mentioned in the plaintiff’s complaint did not accrue to the plaintiff within six years.
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THIS action was brought to recover for board, washing and mending, furnished by the plaintiff to the defendant. The defendant in his answer denied each and every allegation of the complaint. And for another defense, the defendant answered that the several demands mentioned in the plaintiff’s complaint did not accrue to the plaintiff within six years. And for another defense, and as a counter-claim, the defendant alleged that the plaintiff, at the commencement of this action was, and still is indebted to him, in the sum of §1000, for the use and occupation of divers messuages, lands and…
1Opinion of the Court
By the Court, James C. Smith, J.
The referee erred in' allowing the defendant’s claim against the plaintiff for the use and occupation of the real estate owned by them in common. At common law, one tenant in common of real estate, who occupies the whole estate, is not liable to an action of account, for the mere sole use and occupation. ( Woolever v. Knapp, 18 Barb. 265, and authorities there cited by Mason, J.) By our statute, an action of account, or for money had and received may be maintained by one joint tenant or tenant in common against his co-tenant, for receiving more than his full…
2Cases cited2 opinions
- Woolever v. KnappNew York Supreme Court · 1854
- McKay & Blakeslee v. MumfordNew York Supreme Court · 1833
3Cited by7 opinions
- Kean v. ConnellySupreme Court of Minnesota · 1878
- Rich v. RichNew York Supreme Court · 1888
- Valentine v. HealeyNew York Supreme Court · 1895
- Final Settlement of Tyler v. CartwrightMissouri Court of Appeals · 1890
- Lineas Le Barren v. BabcockNew York Supreme Court · 1887
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