Featherstonhaugh v. Bradshaw
New York Supreme Court
This was an action of assumpsit, for the use and occupation of a farm, tried at the Schenectady circuit in January, 1828, before the Hon. William Á. Duer, one of the circuit judges. The defendant hired of the plaintiff the premises in question for one year, from the first day of April, 1821, at a rent of seventy five dollars. At the expiration of (he year he paid the rent, and continued in the possession of the premises until July, 1824, against the will of the plaintiff.
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This was an action of assumpsit, for the use and occupation of a farm, tried at the Schenectady circuit in January, 1828, before the Hon. William Á. Duer, one of the circuit judges. The defendant hired of the plaintiff the premises in question for one year, from the first day of April, 1821, at a rent of seventy five dollars. At the expiration of (he year he paid the rent, and continued in the possession of the premises until July, 1824, against the will of the plaintiff. The defendant moved for a nonsuit, which was refused, and the defendant excepted. The defendant then produced in evidence…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question in this case is, whether an action for use and occupation can be sustained against a defendant who, entering upon the plaintiff’s premises under a parol lease for a year, held over after the expiration of the year for two years, against the will of the landlord, and was finally turned out of possession by proceedings under the act of April 13, 1820; the proceedings having been commenced immediately after the expiration of the term. It was ruled at nisi prius, that the action could be sustained. In this opinion, I am inclined to think the learned…
2Cited by24 opinions
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Patterson & Frisbie v. ElyCalifornia Supreme Court · 1861
- Croswell v. CraneNew York Supreme Court · 1849
- Kiersted v. . O. and A.R.R. Co.New York Court of Appeals · 1877
- Campbell v. NixonIndiana Court of Appeals · 1891
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