People ex rel. Hubbard v. Annis
New York Supreme Court
CERTIORARI'to a justice of the peace to remove proceedings instituted by the defendant as landlord, against John J. Hubbard, as tenant, to recover summary possession of certain premises.
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CERTIORARI'to a justice of the peace to remove proceedings instituted by the defendant as landlord, against John J. Hubbard, as tenant, to recover summary possession of certain premises. The facts were these: The plaintiff entered into an agreement with the defendant on the 1st day of Decémber, 1864, to work for the defendant on a farm for one year, and the defendant was to furnish him a house to live in, a garden spot, pasture for one cow, fire wood, &c. and to pay him $270. The defendant swore that the plaintiff was to have the use of rooms in the house, cow'pasture, &c. only so long as he…
1Opinion of the Court
By the Court, Johnson, J.
The joroceedings before the justice, in this case, can not be sustained unless the conventional relation of landlord and tenant existed between the parties. The relation created by operation of'law merely will not answer. (Benjamin v. Benjamin, 5 N. Y. Rep. 383.) The books are full of cases on this question, and they are all one way, so that it is "unnecessary to cité others, to sustain the proposition.
The question then is, what was the relation created between the parties by their agreement ? Was it that of landlord and tenant, or of master and servant merely ? The…
2Cases cited1 opinion
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
3Cited by12 opinions
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Chatard v. O'DonovanIndiana Supreme Court · 1881
- People ex rel. Cooper v. FieldsNew York Supreme Court · 1869
- Burkhart v. Tucker, New York County Courts1899
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