People ex rel. Gleahill v. Schackno

By the Court, Ingraham, J.

The agreement in this case was by parol, and provided for the renting of the premises for one month from the 1st of August, 1866, and for each successive month thereafter until the landlord should want the premises for his own use, whereupon the tenancy should expire. The notice was given on the 3d of October, 1866, and that the tenancy would expire on the 31st October, 1866. The landlord’s proceedings were taken 14th November, 1866.

This can hardly be called a tenancy at will or by sufferance, created by the tenant’s holding over his term, or otherwise. It is an…