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People ex Rel. Botsford v. Darling

Court of Appeals of the State of New York
Feb 6, 1872
47 N.Y. 666 (N.Y. 1872)

Summary

In People ex rel. Botsford v. Darling (47 N.Y. 666) it was held that "where a tenant is in possession under a parol agreement void by the Statute of Frauds, and has occupied for a year, paying the rent monthly, this creates a tenancy from month to month which can only be terminated by a month's notice to quit, expiring with the end of some month, reckoning from the beginning of the tenancy."

Summary of this case from Hungerford v. Wagoner

Opinion

Argued January 29th, 1872

Decided February 6th, 1872

C.H. Clark for appellant.

Edward Harris for respondent.


GROVER, J., reads opinion for reversal of judgment of the Supreme Court, and affirming order of county judge with costs.

All concur.

Judgment accordingly.


Summaries of

People ex Rel. Botsford v. Darling

Court of Appeals of the State of New York
Feb 6, 1872
47 N.Y. 666 (N.Y. 1872)

In People ex rel. Botsford v. Darling (47 N.Y. 666) it was held that "where a tenant is in possession under a parol agreement void by the Statute of Frauds, and has occupied for a year, paying the rent monthly, this creates a tenancy from month to month which can only be terminated by a month's notice to quit, expiring with the end of some month, reckoning from the beginning of the tenancy."

Summary of this case from Hungerford v. Wagoner

In People ex rel. Botsford v. Darling, 47 N.Y. 666, it was held that a tenant in possession under an agreement void under the Statute of Frauds, but paying rent monthly, was a tenant "from month to month" and the tenancy could not be terminated except by a month's notice.

Summary of this case from Hand v. Knaul
Case details for

People ex Rel. Botsford v. Darling

Case Details

Full title:THE PEOPLE ex rel. DAVID BOTSFORD, Respondent, v . GEORGE DARLING…

Court:Court of Appeals of the State of New York

Date published: Feb 6, 1872

Citations

47 N.Y. 666 (N.Y. 1872)

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