LAW.coLAW.co

Osgood against Dewey

New York Supreme Court of Judicature1816-05
13 Johns. 240

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

•Per Curiam.

Thére man be no doubt that this action libs as well where the holding is upon an implied as upon an express •permission of the landlord., The párbí lease for the-year 1809., and ,the payment of rent under it, are bets which .estop í the tenant from disputingthe title oí . his landlord ; and, " although no new agreement was-shown,.in regardto the tenancy for.tlie three last years, the continued possession of the tenant, holding over, is characterized by the previous léasej and must be deemed a holding by implied permission of the original lessor., (Harding v. Crethorn 1. Esp. Rep. 57.) The judgmeni must be affirmed..

Judgment affirmed.