Schuyler v. Leggett
New York Supreme Court
Replevin for one span of horses and a pleasure waggon. Avowry for rent arrear. The cause was tried at the Saratoga circuit, May 28th, 1822, before his honor (the late) Mr. Justice Yates. ' On the trial, the plaintiff introduced and read in evidence, a stipulation signed by the attorneys of both parties, as follows : “ We do hereby stipulate and agree to admit, on the trial of this cause, that William Griffeth took the property of the plaintiff, mentioned in the plaintiff’s…
Read the full summary
Replevin for one span of horses and a pleasure waggon. Avowry for rent arrear. The cause was tried at the Saratoga circuit, May 28th, 1822, before his honor (the late) Mr. Justice Yates. ' On the trial, the plaintiff introduced and read in evidence, a stipulation signed by the attorneys of both parties, as follows : “ We do hereby stipulate and agree to admit, on the trial of this cause, that William Griffeth took the property of the plaintiff, mentioned in the plaintiff’s declaration in this cause, on the day and at the place therein stated, as the agent and bailiff of the defendant in this…
1Opinion of the Court
Curia, per Savage, Ch. J.
The cases cited by the plaintiff’s counsel show, that to entitle the landlord to distrain, there must be a letting, and an agreement to pay rent—that an occupancy under an agreement for a lease at a future time is‘not sufficient. The facts in this case show an occupancy, in the first instance, under a parol demise from year to year. When the new arrangement was made, a parol agreement must have preceded the directions to Mr. Palmer to draw the lease. Though this lease was never, in fact, executed by Schuyler, yet his occupancy was either under this lease, or the parol…
2Cited by13 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Coe v. . HobbyNew York Court of Appeals · 1878
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Bard v. ElstonSupreme Court of Kansas · 1884
8 more not listed; retrieve them via the Exa API.