Ludington v. Garlock
New York Supreme Court
Appeal from Onondaga county court. Action by Julia C. Ludington against George B. Garlock for rent of a bouse from October 20 to November 20, 1888. The action was originally commenced before a justice of the peace, who rendered judgment for defendant.
Read the full summary
Appeal from Onondaga county court. Action by Julia C. Ludington against George B. Garlock for rent of a bouse from October 20 to November 20, 1888. The action was originally commenced before a justice of the peace, who rendered judgment for defendant. On the trial, it was shown on the part of the plaintiff that the defendant was in possession prior to April, 1888; that on or about the 20th March, 1888, the agent of the plaintiff saw defendant, and told him that the plaintiff intended to charge more rent after May 1st, and that, as his month would be up on the 20th April, he would, after that…
1Opinion of the CourtMerwin, J.
The rent for the occupancy up to the time the defendant left was paid. The claim of the plaintiff is that the tenancy continued for another month by reason of the failure of defendant to give a month’s notice of his intention to terminate the holding, in analogy to a tenancy from month to month. In Anderson v. Prindle, 23 Wend. 619, it is said that when the tenancy is from week to week, or from month to month, a week’s or month’s notice to quit must be given. In that case the party entered into possession under an agreement to accept a lease for 20 months, which he afterwards refused to do.…
2Cases cited10 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Nichols v. WilliamsCourt for the Trial of Impeachments and Correction of Errors · 1827
- People Ex Rel. Botsford v. . DarlingNew York Court of Appeals · 1872
- Wilson v. TaylorNew York Court of Common Pleas · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hand v. Knaul, New York County Courts1921
- Hoffman v. AllenNew York Court of Common Pleas · 1893
- Jacob v. Jacob, New York County Courts1925
- Thompson v. ChickNew York Supreme Court · 1895
- O'Brien v. ClementNew York Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.