Pugsley v. . Aikin
New York Court of Appeals
Demurrer to complaint. The action was brought against the defendants as executors of William Aikin, deceased. The complaint alleged that on the first of April, 1838, Gerard Morris and Henry Morris were owners, as tenants in common with others, of a farm, said Gerard and Henry each being the owner of one-twentieth of the premises ; that on the day last named, William Aikin hired and rented the farm of the owners “ for the term of one year and an indefinite period thereafter,”…
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Demurrer to complaint. The action was brought against the defendants as executors of William Aikin, deceased. The complaint alleged that on the first of April, 1838, Gerard Morris and Henry Morris were owners, as tenants in common with others, of a farm, said Gerard and Henry each being the owner of one-twentieth of the premises ; that on the day last named, William Aikin hired and rented the farm of the owners “ for the term of one year and an indefinite period thereafter,” at an annual rent of four hundred dollars, and agreed to pay said Gerard and Henry, respectively, twenty dollars per…
1Opinion of the Court
I do not perceive that distinct causes of action are united in this complaint, as the defendants have alleged, and the supreme court have determined. The tenancy created by the original contract between the defendant's testator and those represented by the plaintiff was to continue until the parties to it, one or both, elected to terminate the demise, by giving the half year's notice prescribed by law. If, after the close of the first year, the lessee rightfully remained in possession, it was not by virtue of a new demise, but by force of the old one. That he continued, under a contract for…
2Cited by19 opinions
- Laughran v. . SmithNew York Court of Appeals · 1878
- Liberty Industrial Park Corp. v. Protective Packaging Corp.New York Supreme Court · 1972
- 28 Mott Street Co. v. Summit Import Corp.Civil Court of the City of New York · 1970
- Hungerford v. WagonerAppellate Division of the Supreme Court of the State of New York · 1896
- Wells v. . HigginsNew York Court of Appeals · 1892
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