Chretien v. . Doney
New York Court of Appeals
Oisr error from the supreme court. John Chretien, on the 11th day of March, 1846, instituted proceedings before a supreme court commissioner, under the statute authorizing summary proceedings to recover the possession of demised premises.
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Oisr error from the supreme court. John Chretien, on the 11th day of March, 1846, instituted proceedings before a supreme court commissioner, under the statute authorizing summary proceedings to recover the possession of demised premises. In his affidavit, presented to the commissioner, he set forth a lease under seal, executed between himself and John Doney, dated the 5th of March, 1845, whereby he demised to said John Doney certain premises, known as, the Farmers’ Exchange, in the city of Buffalo, for one year from the 10th day of March then instant, at a rent of five hundred dollars; fifty…
1Opinion of the CourtRuggles, J.
The lease from Chretien to Doney was a lease for one year, or for two years, one month and twenty days, at the option of Doney. Doney’s election to give tip the premises at the end of the first year, was to be signified by a notice of at least four months before the expiration of that year. If he failed to give that notice, the contract became a lease for the longer time. No new writing or agreement was contemplated between the parties. Although the amount of rent and the time or times of payment for the extended term, are not expressed, that omission is supplied by construction of law. The…
2Cited by16 opinions
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Orton v. NoonanWisconsin Supreme Court · 1870
- Voege v. RonaldsNew York Supreme Court · 1894
- Swan v. . InderliedNew York Court of Appeals · 1907
- Walsh v. Fort Schuyler Brewing Co., New York County Courts1914
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