The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-01
Landlord and Tenant Case,
FIRST DISTRICT O0URr.
Before Judge Green and 9 Jury.


Jacob Wjlson %. John Mcknight, tenant, and
Joseph Murphy and Jass Emright. under tenanes.--
summary proceeding in e;eotment, to recover PES.
session Of the premises No. LAG Liberty street, for
holding over after the first day Of Nay instant,
when 1t is alleged that Meningitis term expir ed.
John Harrison made oath in writing, that In the
month Of October. 1854, and since, he was and
such owner in or about that month Thomas Fay,
the agent Of said Mcknight, applied to him to lease
to said Mcknight the said premises; that he (said
said agent, to lease him the same from the first day
Of November, 1864, to May l, 1856, at the yearly
rent of 81 800, payable quarterly, on the usual
quarter day, and that he (Harrson) also proposed
to give lease Of said premises to said Mcknight,
for five years from the first day of May, 1866, at
the same rent, payable In the same manner, with q
condition therein, that 4 at any time during the
was to be voidthat the lease for five years was to
be reduced to writing, and to be executed by the
spectve parties and that at the request of said Fay
he allowed said Mcknight to go into possession,
ditioDs-which he afterwards refused to do-and
that Mcknight continued in possession of said pre-
misses. paying rent according to the terms above
specified; that on the-l4th day of February last he
Mcknight, requiring possession Of the premises
on the LIST day of May, 1866, and that he and
the abOvenamed under tenants continue to
hold over after the last mentioned day. Jacob
hired said premises, in writing, from said Harri-
son, for one year from May l, 1865, and that he is
entitled to possession of them, but said Mcknight
and under tenants continue to hold over without his
consent after he has demanded possession thereof.
The testimony having closed, the defendants
counsel asked the court to charge the jury that II
there was letting from November, 1854, to 1860,
and if the jury believe that Harrison received rent
for said premises the second year under the orig
nal agreement that the receipt of rent entitled the
tenant to hold them to the end of the new yeathat
is to the first day of November next
The Judge declined to 80 charge, but instructed the
jury that the paro agreement in question not having
been reduced to writing and signed by the parties
was void, the statute making all such agreements
for the occupation Of lands for over one year void
Mr.. Mcknight having entered in possession of the
premises and paid rent according to the terms of the
void agreement his term would expire by statute on
the first day of May after he entered into pos
session of the premises and he having continued in
possession and having paid rent after the last
toned period, be must be deemed tenant for
another year, which expired on the first day of the
present month. Mr.. Wilson having hired the pre-
misses for the current year. is entitled to be put in
possession of them and is therefore entitled to the
verdict. The defendants counsel excepted to the
charge The jury, after an absence of about five
minutes, returned with verdict in favor Of Mr..
Wilson.