A Digest of New York Reports, From 1872 to 1876; Containing the Decisions of All the Courts of the State, Published During That Period. With References to the Statutes. Being the Second Supplement to Clinton & Wait's Digest of New York Reports. volume V

Cover A Digest of New York Reports, From 1872 to 1876; Containing the Decisions of All the Courts of the State, Published During That Period. With References to the Statutes. Being the Second Supplement to Clinton & Wait's Digest of New York Reports. volume V
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lb.
3. The existence or non-existence of an agree- ment to deduct a certain sum from the wages for the use of the premises, is a material but not a conclusive circumstance as to the nature of the holding. lb.
4. Tenancy from month to month. Pos- session by a tenant, under a parol agreement void by the statute of frauds, and payment of rent monthly thereunder for a year, creates a tenancy from month to month, which can be terminated only by a month's notice, expiring with the end of some month r
...eckoning from the beginning of the tenancy. Ct. App., 1872, Bots- ford V. Darling, 47 N. Y. (2 Sick.) 666.
5. — from year to year. Where a lease for a definite term of years, contained a clause giving to the lessee the privilege of occupy- ing for such further time after the expiration of the term, as he should choose or elect, — Held, that such lessee, under the subsequent occupancy, became a tenant from year to year of the lessor, and was not entitled to a renewal of the lease ; and that, even if such clause could be construed as giving him the right to name a definite term, the election must be made in the lifetime of the lessor.


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