Beach v. Gray
New York Supreme Court
This cause originated in the. marine court of the city of New-York, where Beach sued Gray in assumpsit for use and occupation and recovered $100. The judgment was reversed by the superior court, and the plaintiff brings error to this court. The other facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Beardsley, J,
By the declaration the plaintiff claimed for the use of the premises from the first day of August, 1842, to the first day of May ensuing. The defendant was in possession previous to the first of August, and remained in possession until the middle of the succeeding October; and *85upon the evidence th'e justice was authorized to find an agreement by the defendant with the plaintiff, to continue in possession and pay rent to him until the first of May, 1843. (1 R. 8. 744,11.) But the defendant abandoned the premises in October, 1842, and in the following month the…
2Cases cited1 opinion
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Hall v. . Western Transportation Co.New York Court of Appeals · 1866
- Tully v. DunnSupreme Court of Alabama · 1868