Niblo v. Post's administrators
New York Supreme Court
Error from the supreme court. This case was brought into the supreme court by a certiorari issued to one of the justices of the marine court of the city of New-York, to bring up the proceedings had before him on an application, under the statute concerning summary proceedings to recover the possession of land, 2 R. S. 511, by a landlord, to obtain possession of certain demised premises on the allegation that the tenant held over.
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Error from the supreme court. This case was brought into the supreme court by a certiorari issued to one of the justices of the marine court of the city of New-York, to bring up the proceedings had before him on an application, under the statute concerning summary proceedings to recover the possession of land, 2 R. S. 511, by a landlord, to obtain possession of certain demised premises on the allegation that the tenant held over. From the return of the justice, it appeared that on the 6th January, 1834, Joel Post presented to him a petition, stating that on or about 1st April, 1833, he by a…
1Opinion of the Court
The cause was brought on to argument in the supreme court, and after advisement judgment was rendered affirming the proceedings before the justice. The following opinion was delivered :
“ By the Court,
Nelson, C. J.
The affidavit of the landlord sets forth a demise to the tenant of a house and premises, in the first ward of the city of New-York, numbered 43, in William-street, to commence 1st May then next, (1833,) and continue for one year, at $1500 rent, with a condition that if he should determine to build upon the lot, the demise was to [ *284 ] cease at the end of the year 1833 ; that the…
2Cases cited35 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
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3Cited by4 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Thompson v. Multnomah CountyOregon Supreme Court · 1861
- Stone v. Bohm Bros.Court of Appeals of Kentucky · 1880
- Cases of Lynch & BurnsNew York Supreme Court · 1881