Adams v. Freeman
This text of 12 Johns. 408 (Adams v. Freeman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
To entera dwelling house without license, is,* in law, a trespass. Any person professing to keep an inn, thereby gives general license to all persons to- enter his house. But the house of the plaintiff does not appear to have been an inn, and, therefore, to render such ah entry lawful*, there must be a permission express or implied; and familiar’intimacy may be evidence of general license for such purpose. According to the evidence, here was no such permission ; and, there? fore, the act of entering the plaintiff’s house was a trespass* Besides, if the defendant had received permission to enter, as "by being asked to walk in, upon his knocking at the door, hi,s subsequent conduct was such an abuse of the license, as to render him a trespasser ab initia.
Judgment reversed
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12 Johns. 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-freeman-nysupct-1815.