Hoffman v. Allen
New York Court of Common Pleas
Appeal from special term. Summary proceeding by John Hoffman against James Van Allen, his tenant, to dispossess defendant for holding over. From an order in favor of petitioner, defendant appeals.
1Opinion of the CourtPryor, J.
In the order before us we have an instance of the “injustice and oppression” which Judge Bronson apprehended from summary proceedings unless they be “carefully watched.” Hill v. Stocking, 6 Hill, 314, 318. The petition alleges a verbal letting on or about the 1st November, 1892, “for the term of one month.” The proof was of an oral lease, in April, from month to month, “so long as he would pay the rent.” The evidence failed to sustain the petition. Romeyn v. Sickles, 108 N. Y. 650, 652, 15 N. E. Rep. 698. Waiving the discrepancy between the pleading and proof, still it appears the petitioner…
2Cases cited5 opinions
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Ludington v. GarlockNew York Supreme Court · 1890
- Wilson v. TaylorNew York Court of Common Pleas · 1879
- Geiger v. BraunNew York Court of Common Pleas · 1876
3Cited by5 opinions
- Hungerford v. WagonerAppellate Division of the Supreme Court of the State of New York · 1896
- Klingenstein v. GoldwasserAppellate Terms of the Supreme Court of New York · 1899
- Hand v. Knaul, New York County Courts1921
- Bent v. RenkenAppellate Terms of the Supreme Court of New York · 1904
- Rybicki v. KalishAppellate Terms of the Supreme Court of New York · 1908