Legal Opinion

Chamberlain v. . Pratt

New York Court of Appeals

Decided June 5, 1865PublishedCited by 13 opinions

Action to recover the possession of personal property, namely, a printing press, types and implements adapted to the printing of a newspaper, and which had been used for that purpose. The plaintiffs — six persons—showed title in themselves in the .property; the interest of the plaintiff Chamberlain being one undivided half, and the other plaintiffs separately owning shares.

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Action to recover the possession of personal property, namely, a printing press, types and implements adapted to the printing of a newspaper, and which had been used for that purpose. The plaintiffs — six persons—showed title in themselves in the .property; the interest of the plaintiff Chamberlain being one undivided half, and the other plaintiffs separately owning shares. In February, 1855, the plaintiffs leased this property, by parol, to one Hatch, for one year, at the rent of eighty dollars, and he and the defendant used it in the printing and publication' of a newspaper. In December…

1Opinion of the Court

Denio, Oh. J.

The only debatable question in this case, is whether the defendant is in the position of a tenant under a demise of real estate who holds over by consent after the expiration of his term. The law regards such a person as a tenant from year to year; and he cannot be dispossessed except at the end of some year, nor then unless he has received notice to quit. The defendant’s counsel maintains that there • is no difference in this respect between a lease of houses or of lands, and a lease of personal chattels. A good many cases have been referred to showing that it is a "common…

2Cases cited2 opinions

  1. Zule v. ZuleNew York Supreme Court · 1840
  2. Whitney v. GrootNew York Supreme Court · 1840

3Cited by13 opinions

  1. Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
  2. Edgar v. ParsellMichigan Supreme Court · 1915
  3. Chase v. . Second Avenue Railroad Co.New York Court of Appeals · 1884
  4. Cinefot International Corp. v. Hudson Photographic Industries, Inc.New York Court of Appeals · 1963
  5. Strohn v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1868

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