Bradley v. Covel
New York Supreme Court
Assumpsit for the use and occupation of a house and lot in Troy, tried before Spencer, (late) Ch. Justice, at the Rensselaer Circuit, December, 1822. The facts were these: The defendant’s wife went into . the house in September, 1819, with' the plaintiff’s consent, to hold it free of rent; withbut limitation of time, she engaging to pay the ground rent which was due tó ofie Vanderheyden.
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Assumpsit for the use and occupation of a house and lot in Troy, tried before Spencer, (late) Ch. Justice, at the Rensselaer Circuit, December, 1822. The facts were these: The defendant’s wife went into . the house in September, 1819, with' the plaintiff’s consent, to hold it free of rent; withbut limitation of time, she engaging to pay the ground rent which was due tó ofie Vanderheyden. To this the defendant assented, and paid' the ground rent, which was $6 25'per annum,'up to'the 1st day of May, 1822. This he did on the '22d day of June, 1822'. But oil the'26th October, 1820, the plaintiff…
1Opinion of the Court
Curia, per
Woodworth, J.
The notice to quit terminated the tenancy at will; and converted it into a tenancy from year to year. A tenancy at-will is held to be a ten ancy from year to year, merely for the sake of a notice to quit; and the landlord cannot recover possession without giving six months notice; but this notice is not necessary for any other purpose. (Phillips v. Covert, 7 John. Rep. 4, 5.) The question then is, on what terms shall the defendant be considered as holding; after the tenancy at will ceased. Though he could 'not be ousted on such a notice, yet he must be considered as…
2Cases cited1 opinion
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1818
3Cited by12 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Reeder v. . SayreNew York Court of Appeals · 1877
- Jackson v. BradtNew York Supreme Court · 1804
- Thiebaud v. First National BankIndiana Supreme Court · 1873
- Bright v. McOuatIndiana Supreme Court · 1872
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