Smith v. Wagner — 58 N.Y. St. Rep. 34

Majority

p. 34

Harlan Smith, Resp’t, v. Peter Wagner, App’lt.

(New York City Court, General Term,

Filed February 8, 1894.)

Headnote

Landlobd and tenant—Relation.

The payment of rent and the remaining in possession of the premises, with the owner’s consent, create, between owner and occupant, the relation of landlord and tenant and renders the latter liable for the reasonable value of the premises.

Appeal from a judgment in favor of plaintiff.

William, Allen, for app’lt; S. V. F. Cooper, for resp’t.

The plaintiff herein certainly was entitled to judgment April, 1892, rent amounting to $75, cause of defendant’s answer as to the rent for the month of March, he is also entitled to it for it appears that in November, 1891, he received rent for that month from defendant, and that defendant remained in possession of the store with the landlord’s consent until May 1, 1893. This agreement created between the plaintiff and defendant the relation of landlord and tenant and made defendant liable to plaintiff for the reasonable value of the premises occupied by him which the testimony shows is $75 for the April month. Judgment is therefore affirmed, with costs.

All concur.