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12 Johns. 408

Adams v. Freeman

New York Supreme Court

Decided October 15, 1815

New York Supreme Court · decided 1815-10-15

I'N ERROR, on certiorari to a justice’s court.. This was: an action of trespass, brought ^by the plaintiff m error against the defendant in error, for entering the-plaintiff’s •, ° t i i M x house. The- defendant pleaded not guilty; and, on the trial» r 0 J 7 7 5 ^6 plaintiff proved, that, he being m bed, (whether, in the day time or at night is not stated,) the defendant entered his. house without permission.

Cited by 2 later decisions — most recently April 1888

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1815-10-15

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Fer Curiam.

¶1To entera dwelling house without license, is,* in law, a trespass. Any person professing to keep an inn, thereby gives general license to all persons to- enter his house. But the house of the plaintiff does not appear to have been an inn, and, therefore, to render such ah entry lawful*, there must be a permission express or implied; and familiar’intimacy may be evidence of general license for such purpose. According to the evidence, here was no such permission ; and, there? fore, the act of entering the plaintiff’s house was a trespass* Besides, if the defendant had received permission to enter, as "by being asked to walk in, upon his knocking at the door, hi,s subsequent conduct was such an abuse of the license, as to render him a trespasser ab initia.

¶2Judgment reversed

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