Clark v. . Barnes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment of Special Term which reversed a judgment of a justice of the peace in favor of plaintiff, in summary proceedings under the statute, to remove a tenant alleged to be holding over after the expiration of his term. The facts appear sufficiently in the opinions. The lease for twelve years was void.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment of Special Term which reversed a judgment of a justice of the peace in favor of plaintiff, in summary proceedings under the statute, to remove a tenant alleged to be holding over after the expiration of his term. The facts appear sufficiently in the opinions. The lease for twelve years was void. (Const., art. 1, § 14; Hart v. Hart, 22 Barb., 606.) The notice to quit was sufficient, and plaintiff was entitled to possession. (Porter v. Bleiler, 17 Barb., 154; Reeder v. Sayre,…
1Opinion of the CourtEarl, J.
In February, 1865, the defendants were in possession of a certain farm, situated in Oneida county, under a lease for three lives, given in 1841. The farm belonged to the plaintiff* subject to this lease, which was hold by the defendant Barnes, and which had not yet by its terms come to an end. At that time an action was pending, in favor of the plaintiff, against Barnes, for what purpose does not definitely appear,—but probably to recover possession of the farm ; and the action was upon the calendar of the Circuit Court for trial. The parties then entered into a written agreement for the…
2Cited by20 opinions
- Massachusetts National Bank v. ShinnNew York Court of Appeals · 1900
- Casey v. LupkesSupreme Court of Iowa · 1979
- Lerch v. Missoula Brick & Tile Co.Montana Supreme Court · 1912
- Parthey v. BeyerAppellate Division of the Supreme Court of the State of New York · 1930
- Robertson v. HayesSupreme Court of Alabama · 1887
15 more not listed; retrieve them via the Exa API.