New York Supreme Court, 1811

Hall v. Ballentine

Hall v. Ballentine
New York Supreme Court · Decided February 15, 1811
7 Johns. 536
Hall v. Ballentine

Opinion of the Court

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 *537was palpably wilful, and the plaintiff is consequently entitled to judgment.(a)

3 Burr. 1609. 5 Burr. 2654. 1 Esp. Cas. 266. 2 Black, 1075. 2 East. 310.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.