Abeel & Abeel v. Radcliff
New York Supreme Court
ÍTIIS was an action of assumpsit brought to recover the rent of certain premises, situate in the village of Catslcill and county of Greene. The declaration contained two counts, one for the use and occupation of the premises in question, the other a quantum meruit thereon.
Read the full summary
ÍTIIS was an action of assumpsit brought to recover the rent of certain premises, situate in the village of Catslcill and county of Greene. The declaration contained two counts, one for the use and occupation of the premises in question, the other a quantum meruit thereon. The plea was the general issue. « On the 1st of April, 1793, the plaintiffs being the owners of the premises above mentioned, by an indenture of that date, made between them and one David Van Bergen, demised the ° A mises to Van Bergen for the term of ten years, then next 0 J t ensuing, at an annual rent of four pounds ten…
1Opinion of the Court
Van Mess, Ji,
delivered the opinion of the court. The first question is, whether the plaintiffs' can recover if ,this form of *299action. I think they can. The demise for the first ten years had expired before the defendant became the assignee; and the rent,, for the recovery of which this suit is brought, is for the use and occupation of the premises since that period, There can be no doubt that assumpsit will lie. against a tenant who holds over; in such Cases the law creates a tenancy from year to year, and the tenant cannot be turned off without a previous notice to quit.. (Doe, ex dem. Rigge,…
2Cited by30 opinions
- Gelston v. SigmundCourt of Appeals of Maryland · 1867
- Piggot v. MasonNew York Court of Chancery · 1829
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Fogg v. PriceMassachusetts Supreme Judicial Court · 1888
- McGuire v. StevensMississippi Supreme Court · 1869
25 more not listed; retrieve them via the Exa API.