Russell v. Fabyan
Supreme Court of New Hampshire
This is an action on the case, brought July 2,1853. In the declaration it was alleged in substance that the defendant Fabyan, having been a tenant of a certain hotel in Carroll for a term of five years, which expired on the 20th of March, 1852, the defendants wrongfully continued to occupy the same after the said lease expired ; and so negligently and carelessly conducted and managed certain fires by them set and kept in said hotel, that on the 29th of April, 1853, the same…
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This is an action on the case, brought July 2,1853. In the declaration it was alleged in substance that the defendant Fabyan, having been a tenant of a certain hotel in Carroll for a term of five years, which expired on the 20th of March, 1852, the defendants wrongfully continued to occupy the same after the said lease expired ; and so negligently and carelessly conducted and managed certain fires by them set and kept in said hotel, that on the 29th of April, 1853, the same was burned down and consumed. The defendants pleaded severally the general issue —not guilty. To show title to the house…
1Opinion of the Court
Bell. J.*
Fabyan entered into possession of the premises in question under a written lease, to continue for five years from March 20,1847. He remained in possession until April 29, *2231853, when the buildings were burned down, more than a year after the lease expired. During the interval between the 20th of March, 1852, and April 29, 1853, he was either a tenant at sufferance, a tenant at will, or a disseizor. The general principle is that a tenant who, without any agreement, holds over after his term has expired, is a tenant at sufferance. 2 Bla. Com. 150; 4 Kent Com. 116; Livingston v.…
2Cases cited4 opinions
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Jackson ex dem. Anderson v. M'LeodNew York Supreme Court · 1815
3Cited by2 opinions
- Carroll v. DaigleSupreme Court of New Hampshire · 1983
- Hill v. DobrowolskiSupreme Court of New Hampshire · 1984