Biglow v. Biglow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harriet M. Biglow and another, from a judgment of the Supreme Court in favor of the plaintiff',' entered in the office of the clerk- of the county of Clinton on the 21st day of November, 1901, upon the verdict of a jury. ■ The facts are substantially as follows: In 1867 the premises in question were owned by John C. and Joseph Biglow.
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Appeal by the defendants, Harriet M. Biglow and another, from a judgment of the Supreme Court in favor of the plaintiff',' entered in the office of the clerk- of the county of Clinton on the 21st day of November, 1901, upon the verdict of a jury. ■ The facts are substantially as follows: In 1867 the premises in question were owned by John C. and Joseph Biglow. At that time — as found by the referee in the partition suit hereinafter mentioned — Ruby Biglow, their mother, entered into the possession of such premises under said John 0. and Joseph. The terms, extent or character of such tenancy…
1Opinion of the CourtParker, P. J.
In order to maintain this action for use and Occupation, the plaintiff must make it appear that the contractual relation of landlord *100and tenant existed between herself and thesé defendants. (Preston v. Hawley, 101 N. Y. 586; S. C., 139 id. 296.) That proposition she does not deny, but she claims that the finding of the. referee in the action for partition against these defendants conclusively establishes that such relation did exist, and also that their continuing to remain upon the premises after the notice of May, 1892, was served upon them authorizes the implication that thereafter they…
2Cases cited3 opinions
- Preston v. . HawleyNew York Court of Appeals · 1886
- Preston v. . HawleyNew York Court of Appeals · 1893
- National Commercial Bank v. Lackawanna Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Pacific States Corporation v. ArnoldCalifornia Court of Appeal · 1914
- City of New York v. UtseyAppellate Terms of the Supreme Court of New York · 2000
- Davis v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1956
- Benedict v. JenningsAppellate Terms of the Supreme Court of New York · 1905
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