Smith v. Allt
New York Court of Common Pleas
, - Appeal by the defendant from a judgment of the Marine Court of the city of New York, entered on a decision of the general term of that court, overruling the defendant’s exceptions to the direction of a verdict against him at trial term, and ordering judgment on the verdict.
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, - Appeal by the defendant from a judgment of the Marine Court of the city of New York, entered on a decision of the general term of that court, overruling the defendant’s exceptions to the direction of a verdict against him at trial term, and ordering judgment on the verdict. The action was brought to recover $225, being a quarter’s rent of No. 15 Dutch street in the city of New York, from May 1st,-1876, to August 1st, 1876, upon the allegation that the defendant had leased and occupied the premises for two years prior to May 1st, 1876, and had held over -his term. The defendant answered…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The law is undoubtedly well settled, that where a tenant for a year or more holds over the term, the landlord has the option to treat him as a trespasser, or as a tenant for another year upon the same terms as of the previous lease (Schuyler v. Smith, 51 N. Y. 309). But that was not the point in this case. The question was whether there was a holding over within the meaning of this rule ; a point upon which there was so much doubt upon the evidence, that the judge upon the trial could not assume that the legal conclusion upon the testimony was, that the…
2Cases cited1 opinion
- Schuyler v. . SmithNew York Court of Appeals · 1873
3Cited by12 opinions
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Ketcham v. OchsNew York Supreme Court · 1901
- Wood v. GordonNew York Court of Common Pleas · 1892
- McCabe v. EversCity of New York Municipal Court · 1890
- Haas v. O'ConnellAppellate Terms of the Supreme Court of New York · 1926
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