Christopher v. . Austin
New York Court of Appeals
Appeal from a judgment of the Hew-York common pleas. The action was brought by Thomas Vermilya in that court to recover for the use and occupation of a dwelling house and three lots of ground from the 1st of May, 1847, to the 1st of May, 1848. The cause was tried before Judge Woodruff, without a jury.
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Appeal from a judgment of the Hew-York common pleas. The action was brought by Thomas Vermilya in that court to recover for the use and occupation of a dwelling house and three lots of ground from the 1st of May, 1847, to the 1st of May, 1848. The cause was tried before Judge Woodruff, without a jury. He found “ that the defendant, by agreement not under seal, hired from the plaintiff the demised premises, from the 1st of May, 1847, to the 1st of May, 1848, at the rent of two hundred dollars, payable quarterly, and entered into the possession thereof under the agreement; that afterwards, and…
1Opinion of the Court
Parker, J,
The judge found the fact that after the leasing of the premises for one year, viz: from the first day of May, 1847, to the 1st of May, 1848, by a written lease, not under seal, at a rent of $200, payable quarterly, and after the defendant had entered into possession under such agreement, before any rent had become payable, the plaintiff entered upon the premises and evicted the said tenant from a part thereof, which eviction continued during.the whole residue of the term of the hiring.
It is contended by the plaintiff’s counsel, that although such an eviction would be a bar to an…
2Cases cited2 opinions
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1840
3Cited by34 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
- Rice v. DudleySupreme Court of Alabama · 1880
- Veysey v. MoriyamaCalifornia Supreme Court · 1921
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