Wood v. Wilcox
Court for the Trial of Impeachments and Correction of Errors
Assumpsit for the use and occupation of a dwelling house in the city of Albany for two quarters, from May 1, 1842, to November 1, 1842. The cause was referred, and it appears by the report of the referee, that the defendant took a lease of the house from May 1, 1841, to May 1, 1842, at the yearly tent of $180, payable quarterly: and there was evidence tending to show that, shortly previous to the expiration of said lease, the defendant agreed to continue in possession as…
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Assumpsit for the use and occupation of a dwelling house in the city of Albany for two quarters, from May 1, 1842, to November 1, 1842. The cause was referred, and it appears by the report of the referee, that the defendant took a lease of the house from May 1, 1841, to May 1, 1842, at the yearly tent of $180, payable quarterly: and there was evidence tending to show that, shortly previous to the expiration of said lease, the defendant agreed to continue in possession as such tenant for the next year, to commence at the expiration of the former lease ; but before the first year ended, the…
1Opinion of the Court
By the Court, Beardsley, J.
I shall assume, what perhaps is not very clearly proved, that 'the defendant agreed to hire the premises for the year commencing on the first of May, 1842, at a specified rent, and therefore that an action would lie on the contract. But he did not in person occupy the house *38during any part of that time, nor is it shown that he did so by an under-tenant, agent or otherwise. Upon this the question arises whether an action for use and occupation will lie, where there has been no occupation of the premises, of any description, by or under the defendant, during any part…
2Cases cited1 opinion
- Little v. MartinNew York Supreme Court · 1829
3Cited by21 opinions
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
- Croswell v. CraneNew York Supreme Court · 1849
- Kiersted v. . O. and A.R.R. Co.New York Court of Appeals · 1877
- Dalton v. LaudahnMichigan Supreme Court · 1874
- Hall v. . Western Transportation Co.New York Court of Appeals · 1866
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