Jackson ex dem. Thomas v. Tibbits
New York Supreme Court
This was an action of ejectment, tried at the Oneida circuit in April, 1828, before the Hon. Nathan Williams, one of the circuit judges. The defendant was the tenant of the lessor of the plaintiff of a tavern stand in the village of Utica. He entered into possession on the 29th May, 1827. No particular time for which he was to hold was agreed upon, nor was the rent fixed between' the parties.
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This was an action of ejectment, tried at the Oneida circuit in April, 1828, before the Hon. Nathan Williams, one of the circuit judges. The defendant was the tenant of the lessor of the plaintiff of a tavern stand in the village of Utica. He entered into possession on the 29th May, 1827. No particular time for which he was to hold was agreed upon, nor was the rent fixed between' the parties. In the month of November, 1827, the defendant cut through a partition in the second story of the house, and placed a door leading into a bedroom, and put a window in the door of the cellar kitchen. These…
1Opinion of the Court
By the Court,
Makoy, J.
The very term waste implies the idea of detriment to the landlord or reversioner. The party who recovers for it, when he brings his action of waste, not only recovers the locum devastum, but treble damages. Without damage, it would seem that there could be no waste: indeed, Blachstone defines waste to be whatever does a lasting damage to the freehold or inheritance. (2 Black. Comm. 281. See, also, Bac. Abr. tit. Waste c.) It cannot be pretended that the tenant has committed waste in this case by converting the premises to purposes different from those for which they were…
2Cited by4 opinions
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Kidd v. DennisonNew York Supreme Court · 1849
- Klie v. Von BroockNew Jersey Court of Chancery · 1897
- Eysaman v. SmallNew York Supreme Court · 1891