Wilde v. Cantillon
This text of 1 Johns. Cas. 123 (Wilde v. Cantillon) 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
delivered the opinion of the court. The first objection in our opinion is decisive. After the expiration ■ of the term, the plaintiff became a tenant at sufferance to the defendant, and his attornment to a stranger was void by the. statute. The manner in which he was dispossessed was violent, and ought not to be countenanced; but he cannot have a remedy in this action. A mere tenant at sufferance cannot maintain tresspass against hjs landlord; (5 Bac. 162,) as against him he- has no legal right of possession, on which to found this action. The plaintiff’s title to recover is,. therefore, radically defective ; and on this ground we think the verdict ought to be set aside..
Radgi-iff, J. having formerly been concerned, as counsel in the cause, gave no opinion.
Rule granted.
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1 Johns. Cas. 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilde-v-cantillon-nysupct-1799.