Earle v. McGoldrick
New York Court of Common Pleas
Appeal from district court. Summary proceedings by William H. Earle, landlord, against Francis McGoldrick, tenant. From a final order in favor of the landlord, the tenant appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
The appellant claims that the petition was defective in failing to show that the conventional relation of land*804lord and tenant existed between the parties. The petition, dated May 4, 1895, alleged that the petitioner became the owner o£ the premises by deed from John P. Weis and Margaretta Herlt, as executors, etc., dated October 1, 1894; that the defendant was in possession as tenant for a term ending May 1, 1895, under an alleged agreement or hiring with Margaretta Herlt, and still occupied the premises; that a notice to quit was served on him on or about November 30, 1894, requiring him to…
2Cases cited10 opinions
- Laughran v. . SmithNew York Court of Appeals · 1878
- Miller v. . LeviNew York Court of Appeals · 1871
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Birdsall v. PhillipsNew York Supreme Court · 1837
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
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