Reeder v. Sayre
New York Supreme Court
Appeal from a judgment in favor of the 'plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon a case and exceptions. The action was trover to recover the value of a quantity of wheat alleged to have been converted by the defendant, of which the complaint avers James M. Reeder, deceased, and the respondents, James H. and Lyman Reeder, were the owners and in possession as tenants in common.
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Appeal from a judgment in favor of the 'plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon a case and exceptions. The action was trover to recover the value of a quantity of wheat alleged to have been converted by the defendant, of which the complaint avers James M. Reeder, deceased, and the respondents, James H. and Lyman Reeder, were the owners and in possession as tenants in common. In the spring of 1871, the plaintiffs, James H. and Lyman Reeder, in conjunction with their father, James M. Reeder, as partners, made a parol contract…
1Opinion of the Court
GILBERT, J.:
It may be assumed as settled law in this State: 1. That the provision of the Revised Statutes (2 R. S., 135, § 2, sub. 1), which avoids every agreement that by its terms is not to be performed in one year, does not apply to contracts for the leasing of lands. (Young v. Dake, 1 Seld., 464; overruling Croswell v. Crane, 7 Barb., 191.) And 2. That a parol lease for more than one year, though void for the term, by reason of another statute (2 R. S., 135, §§ 8, 9), enures asa tenancy from year to year, and that the oral lease regulates the terms of the tenancy in all respects except…
2Cases cited5 opinions
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
- Croswell v. CraneNew York Supreme Court · 1849
- Like v. McKinstryNew York Supreme Court · 1863
- Schuyler v. LeggettNew York Supreme Court · 1824
- Like v. McKinstryNew York Court of Appeals · 1868