Court of Appeals 1915

Court of Appeals 1915

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: continued occupation. Again, during the course of the oral argument before the Appellate Division the learned presiding justice cxpressed telitativcly the opinion that the word "trespass" as used by counsel for appellants, and by the Court o-f Appeals in the many cases referred to, was too strong a word, and seemed inclined to believe that something less than a trespass was sufficient to create a. new term. Also the learned counsel for respondent in his brief. filed with the Appellate Division, at page 16, said: "The acceptance of the rent for the month of September by the respondent can only be construed as an election by the respondent to treat the appellants as tenants for another year," and quotes as follows from Cole vs Sanford, 77 Hun, 198, "Where a landlord permits a tenant to occupy the leased premises after the expiration of the term and accepts a month's rent from him at the rate stipulated in the lease, a rebuttable presumption is raised that the lease has been renewed for another year." From these quotations it seems possible to draw the conclusion that the trial court and the Appellate Division, ignoring the allegation of trespass and ignoring the manifest intents of the parties, decided the case upon the theory that a renewal from year to year had resulted from the mere fact of the payment and acceptance of rent for a period extending beyond the original term. But the judgment cannot now be sustained upon that theory, because it is contradictory to the theory of the complaint, and because, the appella.nts were never called upon to defend against such a theory. No such cause of action was cvcr pleaded or openly advanced, and no opportunity or duty to answer such a cause of more

Product details

  • Paperback | 174 pages
  • 189 x 246 x 9mm | 322g
  • United States
  • English
  • black & white illustrations
  • 1236739574
  • 9781236739575