Hall v. Ballentine

New York Supreme Court

Hall v. Ballentine

7 Johns. 536

CourtNew York Supreme Court

DecidedFebruary 15, 1811

StatusPublished

Cited by1 cases

This text of 7 Johns. 536 (Hall v. Ballentine) 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.

Bluebook

Hall v. Ballentine, 7 Johns. 536 (N.Y. Super. Ct. 1811).

Pincite

Opinion

Per Curiam.

The statute gives the double rent for xvilfully holding over after the expiration . of the term, and the notice to quit; and here the holding over ,must be considered as wilful. There could be no mistake or pretence of right, nor was any advanced. In Wright v. Smith, (5 Esp. N. P. 203.) there was a boná fide holding over, under a claim of title. Here the act of the tenant [537]*537was palpably wilful, and the plaintiff is consequently entitled to judgment.

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Per Curiam.

The statute gives the double rent for xvilfully holding over after the expiration . of the term, and the notice to quit; and here the holding over ,must be considered as wilful. There could be no mistake or pretence of right, nor was any advanced. In Wright v. Smith, (5 Esp. N. P. 203.) there was a boná fide holding over, under a claim of title. Here the act of the tenant [537]*537was palpably wilful, and the plaintiff is consequently entitled to judgment.

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Bluebook (online)

7 Johns. 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-ballentine-nysupct-1811.

Opinion

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