Stocking v. Hunt
New York Supreme Court
Motion on behalf of A. Munson, the landlord of the defendant, for a rule requiring the sheriff of Oneida to pay to the landlord two quarters’ rent of premises demised to the defendant and occupied by him, out of money which the sheriff had made on a sale of property of the defendant on the demised premiseá, by virtue of a Ji.fa. in this case. The lease to the defendant was made in 1841, the rent payable quarterly.
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Motion on behalf of A. Munson, the landlord of the defendant, for a rule requiring the sheriff of Oneida to pay to the landlord two quarters’ rent of premises demised to the defendant and occupied by him, out of money which the sheriff had made on a sale of property of the defendant on the demised premiseá, by virtue of a Ji.fa. in this case. The lease to the defendant was made in 1841, the rent payable quarterly. The two quarters’ rent claimed were payable on the first days of May and August, 1846. The execution was issued in September, 1846, and the property sold the same month. A proper…
1Opinion of the Court
Beardsley, J.,
after consultation with the other judges, denied the motion. He said they all agreed that the repealing act was valid in reference to this lease, as well as in regard to leases made after its passage. The controversy here, he added, was not between the landlord and his tenant, but between two creditors of the tenant. He owed each of them, and the struggle was for a preference in obtaining payment. Under the statute, (1 R. S. 746, § 12,) the landlord had the vantage ground, but the legislature of last winter thought that unreasonable, and repealed the enactment by which it was…
2Cited by31 opinions
- Morse v. . GooldNew York Court of Appeals · 1854
- People ex rel. Rayland Realty Co. v. FaganAppellate Division of the Supreme Court of the State of New York · 1920
- Davis v. RupeIndiana Supreme Court · 1888
- McCormick v. RuschSupreme Court of Iowa · 1863
- Maynes v. MooreIndiana Supreme Court · 1861
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