Rogers v. Lynds
New York Supreme Court
This was an action of ejectment, tried at the Onondaga circuit in March, 1834. The plaintiff claimed to recover several village lots in Syracuse, under a lease executed to him by William James and Isaiah Townsend on the 1st June, 1825, for the term of nine years from the day of the date of the lease, subject to an annual rent of forty dollars.
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This was an action of ejectment, tried at the Onondaga circuit in March, 1834. The plaintiff claimed to recover several village lots in Syracuse, under a lease executed to him by William James and Isaiah Townsend on the 1st June, 1825, for the term of nine years from the day of the date of the lease, subject to an annual rent of forty dollars. The defence set up was that on the 24th January, 1832, the lessors were put into possession of the premises by virtue of summary proceedings had under ihe statute for the non-payment of the rent, and that on the 1st February, 1832, the lessors demised…
1Opinion of the Court
By the Court,
Sutherland, J.
The objections of the plain tiff to the affidavit upon which the summary proceedings were had, arise under the following provision of the statute: “ Where such person shall hold over (without permission) after any default in the payment of rent, pursuant to the agreement under which such premises are held, and satisfaction of such rent cannot be obtained by distress of any goods, and a de*175mand of such rent shall have been made, or three days notice in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person…
2Cited by3 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Roe v. . ConwayNew York Court of Appeals · 1878
- Wolcott v. SchenkNew York Supreme Court · 1857