Buchanan v. Whitman
New York Supreme Court
Appeal from Orange county court. Summary proceedings by James A. Buchanan against Stephen M. Whitman to recover possession of certain premises in the village of Port Jervis. Defendant entered under a lease dated April 8, 1892, “to extend for one year from the date hereof.” From a judgment of the county court reversing a judgment of the justice of the peace in favor of plaintiff, plaintiff appeals. Reversed.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment of the county court which reversed a judgment for the plaintiff in summary proceedings to recover demised premises. We think that' the lease included the 8th day of April, and terminated at the expiration of the 7th day of April the next" year. The weight of authority in this state includes the day of the date of a lease in the demised prem*605ises, unless the instrument showed a contrary intention, or custom a different usage, though it must be confessed that there is no very clear adjudication on the question. Wilcox v. Wood, 9 Wend. 346; Deyo v. Bleakley, 24…
2Cases cited4 opinions
- Wilcox v. WoodNew York Supreme Court · 1832
- James v. . PopeNew York Court of Appeals · 1859
- Deyo v. BleakleyNew York Supreme Court · 1856
- People ex rel. Elston v. RobertsonNew York Supreme Court · 1862
3Cited by6 opinions
- Lamson v. CoulsonMassachusetts Supreme Judicial Court · 1920
- Mosher v. SabraArizona Supreme Court · 1929
- Goldberg v. Himlyn, New York County Courts1923
- Byrns v. PierceAppellate Terms of the Supreme Court of New York · 1912
- Bernstein v. Kaplan, Pennsylvania Court of Common Pleas, Lackawanna County1950
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