Willis v. McKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Delaware county. Action by John C. Willis against Frank H. McKinnon and others. From a judgment for plaintiff (75 N. Y. Supp. 770), defendants appeal. Affirmed. The premises were leased in 1886 for one year by Prentice W. Willis, as surviving partner of Travis & Willis, to defendant Prank H. McKinnon. Under such lease McKinnon went into possession, and has remained in possession ever since, having paid only one year’s rent.
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Appeal from trial term, Delaware county. Action by John C. Willis against Frank H. McKinnon and others. From a judgment for plaintiff (75 N. Y. Supp. 770), defendants appeal. Affirmed. The premises were leased in 1886 for one year by Prentice W. Willis, as surviving partner of Travis & Willis, to defendant Prank H. McKinnon. Under such lease McKinnon went into possession, and has remained in possession ever since, having paid only one year’s rent. He claims to be the owner, by purchase since executing the lease, of an undivided fraction of the premises, and that he holds as tenant in common…
1ConcurrenceChase, J.
I concur with Justice KELLOGG except as to the • amount of damages for withholding the property. In an action to recover the possession of real property the plaintiff may recover damages for withholding the property, including the rents and profits, or the value of the use and occupation of the property. Code Civ. Proc. §§ 1496, 1497. These sections include the damages arising from the defendant’s continuing to withhold the real property after the bringing of the action. Clason v. Baldwin, 129 N. Y. 183, 29 N. E. 226; Danziger v. Boyd, 120 N. Y. 628, 24 N. E. 482. All the recoverable damages…
2Cases cited3 opinions
- Clason v. . BaldwinNew York Court of Appeals · 1891
- Budd v. WalkerNew York Supreme Court · 1850
- Chace v. LamphereNew York Supreme Court · 1893