Preston v. . Hawley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 30, 1884, which affirmed a judgment in favor of plaintiff. This action was for use and occupation. The material facts are stated in the opinion. This action being for use and occupation cannot be maintained unless the relation of landlord and tenant existed between the plaintiff and defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 30, 1884, which affirmed a judgment in favor of plaintiff. This action was for use and occupation. The material facts are stated in the opinion. This action being for use and occupation cannot be maintained unless the relation of landlord and tenant existed between the plaintiff and defendant. (Thompson v. Power, 60 Barb. 463, 477; Sylvester v. Rawlston, 31 id. 286; Hall v. Southmayd, 15 id. 36.) This relation cannot exist except by mutual agreement. (Benjamin v.…
1Opinion of the Court
Rugeb, Ch. J.
The plaintiff sought to recover in this action, for the use and occupation by the defendant, of certain real property belonging to the plaintiff. It is not disputed by the respondent, but that it was not only necessary, to prove the title of the premises in the plaintiff, and the occupancy thereof by the defendant, but that the conventional relation of landlord and tenant existed between the parties, in order to maintain the action. (Thompson v. Bower, 60 Barb. 463, 476; Sylvester v. Ralston, 31 id. 286; Hall v. Southmayd, 15 id. 32, 36.) This is the uniform doctrine of the…
2Cases cited3 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Thompson v. BowerNew York Supreme Court · 1871
- Greenup v. VernorIllinois Supreme Court · 1854
3Cited by34 opinions
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Preston v. . HawleyNew York Court of Appeals · 1893
- Geist v. StateNew York Court of Claims · 1956
- Hudson Valley Sand & Stone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- Pacific States Corporation v. ArnoldCalifornia Court of Appeal · 1914
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