Legal Opinion

Bohn v. Hatch

The Superior Court of the City of New York and Buffalo

Decided June 16, 1891Published

Appeal from trial term. Action by Joseph and Catherine Bohn against Henry Zink and Albert Hatch to restrain defendants from prosecuting summary proceedings to remove plaintiffs from certain premises occupied by them. Henry Zink having died pending the action, the same was continued against defendant Hatch.

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Appeal from trial term. Action by Joseph and Catherine Bohn against Henry Zink and Albert Hatch to restrain defendants from prosecuting summary proceedings to remove plaintiffs from certain premises occupied by them. Henry Zink having died pending the action, the same was continued against defendant Hatch. The complaint alleged that one .Jesse Peck was, in 1865, the owner of the premises in controversy, and that he had then given a license to plaintiff Joseph Bohn to enter thereon, and use and occupy the property as long as he might desire; and that, acting on such license, plaintiff had…

1Opinion of the CourtHatch, J.

This action was brought to obtain an injunction restraining defendant from the prosecution of summary proceedings for the removal of plaintiffs from certain prt-mises occupied by them, and to also have adjudged their equitable rights therein. The complaint alleges that in 1865-Jesse Peck was the owner in fee and possessed of said premises; that in that year said Peck gave possession and license to Joseph Bohn to enter into possession of said premises, and to use and occupy the same forever, or so long as he might desire, and to erect thereon dwellings and buildings for his use and benefit;…

2Cases cited21 opinions

  1. Smith v. . City of RochesterNew York Court of Appeals · 1883
  2. Freeman v. . FreemanNew York Court of Appeals · 1870
  3. Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
  4. Wiseman v. . LucksingerNew York Court of Appeals · 1881
  5. Hetzel v. . BarberNew York Court of Appeals · 1877

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