Pendleton v. Dyett
New York Supreme Court
Covenant for rent upon a lease dated October 15th, 1818, given by the plaintiff to the defendant, for the term of two, three, five, or eight years, but not for a less term than two years, of two rooms, or the whole of the second floor, and two rooms chosen by the defendant on the third floor of a certain house or store in Beaver street, corner of William-street, in the city of New York, at a rent $425 per annum, which the defendant covenanted to pay, and entered into…
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Covenant for rent upon a lease dated October 15th, 1818, given by the plaintiff to the defendant, for the term of two, three, five, or eight years, but not for a less term than two years, of two rooms, or the whole of the second floor, and two rooms chosen by the defendant on the third floor of a certain house or store in Beaver street, corner of William-street, in the city of New York, at a rent $425 per annum, which the defendant covenanted to pay, and entered into possession of the demised premises. The defendant pleaded, 1st, non est factum ; 2. That before" any of the rent became due, to…
1Opinion of the Court
Curia, per
Sutherland, J.
Eviction of the whole, or any part of the demised premises, is a good plea in bar to • an action either of debt or covenant for the rent. In this, all the authorities agree. (Cruise, Dig. tit. 28, Rents, ch. 3. Woodfall, 412-13. 1 Saund. 204, n. (2) and cases there *584cited.) The plea in tills case is unexceptionable in poin . of form. It is according to the established precedents. (Salmon v. Smith, 1 Saund. 203, 4, n. (2). It states that the plaintiff,, (who was the defendant’s lessor,) entered into and upon the demised premises, and ejected, expelled, put out and amoved…
2Cited by11 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Rea v. MinklerNew York Supreme Court · 1871
- Gray v. GaffMissouri Court of Appeals · 1880
- Edgerton v. PageNew York Court of Common Pleas · 1857
- Hunter v. ReileySupreme Court of New Jersey · 1881
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