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Austin v. Strong

Stephen G. Austin, Respondent, v. John C. Strong Et Al., Appellants

Austin v. Strong, 47 N.Y. 679 (1872)
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Court
New York Court of Appeals · State Highest Courts
Decided
March 26, 1872
Judges
Peckham
Citations
47 N.Y. 6791872 N.Y. LEXIS 125
Summary
Plahttiff leased to defendants an office for the term of five years, with the use of a closet or' wash room supplied with water, in common with other tenants. The lease expired May 1st, 1858. Defendants contined to occupy, without any new agreement, until May, 1866. In July, 1860, plaintiff cut off the water pipes or the supply of water from the closet, but furnished other water to defendants upon the same floor. Defendants objected to the cutting off the water, but received, accepted and continued to use the water substituted by plaintiff. The new arrangement was made upon consultation with, and was satisfactory to, defendants. Defendants paid the rent for 1860, in full, after the change was made, without objection. jfield, that by using the substitute and paying the rent thereafter, defendants waived a suspension or forfeiture, and could not claim an eviction, and were therefore, liable for the rent. Also, that by the holding over, defendants became tenants from year to year ; that it was equivalent to a new lease, commencing with each year, and the eviction could have no application to the subsequent years.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Peckham

Peckham, J., reads for affirmance.

All concur; Folgeb, J., absent.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1889: 11895: 11909: 118892026peak 1889 · 1

Relies on it most ⓘ

  1. Kennedy v. City of New York89 N.E. 360 (N.Y. 1909)
  2. Adams v. City of Cohoes6 N.Y.S. 617 (N.Y. Sup. Ct. 1889)
  3. Thompson v. Chick37 N.Y.S. 59 (N.Y. Sup. Ct. 1895)

Most recent

  1. Kennedy v. City of New York89 N.E. 360 (N.Y. 1909)
  2. Thompson v. Chick37 N.Y.S. 59 (N.Y. Sup. Ct. 1895)
  3. Adams v. City of Cohoes6 N.Y.S. 617 (N.Y. Sup. Ct. 1889)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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