Oakley v. Schoonmaker
New York Supreme Court
Landlord and Tenant. Schoonmaker, under the statute authorising summary proceedings to obtain the possession of lands, presented to a judge of the Ulster common pleas an affidavit, in which he stated that on the 18th January, 1833, he executed a lease of a farm of 60 acres to Oakley, for the term of ten years, to be extended to 15 years in a certain event; by the terms of which lease Oakley was to yield and pay to him one third part of all the grain he should raise on the…
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Landlord and Tenant. Schoonmaker, under the statute authorising summary proceedings to obtain the possession of lands, presented to a judge of the Ulster common pleas an affidavit, in which he stated that on the 18th January, 1833, he executed a lease of a farm of 60 acres to Oakley, for the term of ten years, to be extended to 15 years in a certain event; by the terms of which lease Oakley was to yield and pay to him one third part of all the grain he should raise on the farm, and one third part of all the potatoes raised over 20 bushels; that Oakley had agreed not to cut any wood or timber,…
1Opinion of the Court
. By the Cowt,
Savage, Ch. J.
By the statute, 2 R. S. 512, § 28, tenants for years, among others, may be removed by certain officers, among whom are judges of county courts, in certain cases: 1. Where the tenant holds over after the expiration of his term; 2. Where he holds over without permission of the landlord, after default in payment of rent, pursuant to the agreement under which the premises are held, and satisfaction for such rent cannot be obtained by distress of any goods, and a demand of such rent shall have been made, or three days notice in writing shall have been given requiring…
2Cited by19 opinions
- Beach v. . NixonNew York Court of Appeals · 1853
- Norman S. Riesenfeld, Inc. v. R-W Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
- Pringle v. WilsonCalifornia Supreme Court · 1909
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