Preston v. . Hawley
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment non-suiting plaintiff entered upon a decision of the court, on trial at Circuit. The nature of the action, and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment non-suiting plaintiff entered upon a decision of the court, on trial at Circuit. The nature of the action, and the facts, so far as material, are stated in the opinion. The case presented here is essentially different from that presented to the Court of Appeals on the first appeal, and the decision of that court proceeded on a principle which has no application to the facts as now presented. (101 N. Y. 589.) The nonsuit was…
1Opinion of the CourtMaynard, J.
This action is brought under the provision of the Revised Statutes, which declares that “ Any landlord may recover in an action on the case a reasonable satisfaction for the use and occupation of any lands or tenements, by any person under any agreement not made by deed.” (4 R. 8. [8th ed:] p. 2459, § 26.)
The plaintiff cannot, therefore, recover without establishing the conventional relation of landlord and tenant. He succeeded to the title by purchase from the defendant, who remained in possession after the sale, during the period for which rent is claimed. But the bare proof of use anil…
2Cases cited3 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Preston v. . HawleyNew York Court of Appeals · 1886
- Greenup v. VernorIllinois Supreme Court · 1854
3Cited by20 opinions
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Bonfils v. LedouxCourt of Appeals for the Eighth Circuit · 1920
- City of New York v. FinkNew York Supreme Court · 1927
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1902
- Ministers of Reformed Protestant Dutch Church v. 198 Broadway, Inc.Civil Court of the City of New York · 1991
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