People ex rel. Hannigan v. Ingersoll
New York Supreme Court
The facts appear in the following affidavit used before the justice: STATE OF NEW YORK, j Out and County of New York, j ss‘ ‘ Mary Begen, being duly sworn, says that she is informed and verily believes, that William J. Davis, at the time of the letting hereinafter named, was the owner and landlord of the premises hereinafter described. That said premises are situated within the seventh judicial district of the city of New York.
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The facts appear in the following affidavit used before the justice: STATE OF NEW YORK, j Out and County of New York, j ss‘ ‘ Mary Begen, being duly sworn, says that she is informed and verily believes, that William J. Davis, at the time of the letting hereinafter named, was the owner and landlord of the premises hereinafter described. That said premises are situated within the seventh judicial district of the city of New York. She further avers, on information and belief, that on or about the 1st day of May, 1878, the said William J. Davis, by John Whelan, his duly appointed guardian, let…
1Opinion of the CourtBarrett, J.
It is well settled that to authorize these summary proceedings the conventional relation of landlord and tenant must be shown to exist, and not a tenancy created by mere operation of law (Benjamin agt. Benjamin, 5 N. Y., 388; The People ex rel. Williams agt. Bigelow, 11 How. P., 83; Roach agt. Cosine, 9 Wend., 227; Simms agt. Humphrey, 4 Denio, 185).
This conventional relation may be created by agreement, express or implied (See opinion of Shelden, J., in The People agt. Simpson, 28 N. Y., 59).
Care must be taken to distinguish between a tenancy created by operation of law and an agreement…
2Cases cited4 opinions
- Roach v. CosineNew York Supreme Court · 1832
- Sims v. HumphreyNew York Supreme Court · 1847
- Pond v. CurtissNew York Supreme Court · 1831
- Miller v. EmansNew York Court of Appeals · 1859