Gillespie v. Thomas
New York Supreme Court
Error from the superior court of common pleas of the city of New-York. Ann Thomas brought an action of covenant as the grantee of the reversion of certain demised premises in the city of New-York, against Dennis Gillespie as tenant thereof by assignment. The rent reserved in the lease was $ 1000., payable quarterly. The plaintiff brought her suit in May, J832, claiming $500, a half year’s rent, to be due and in arrear.
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Error from the superior court of common pleas of the city of New-York. Ann Thomas brought an action of covenant as the grantee of the reversion of certain demised premises in the city of New-York, against Dennis Gillespie as tenant thereof by assignment. The rent reserved in the lease was $ 1000., payable quarterly. The plaintiff brought her suit in May, J832, claiming $500, a half year’s rent, to be due and in arrear. The defendant pleaded, 1. Non estfactum; 2. Actio non, because, on 21st April, 1831,proceedings were instituted by the corporation of the city of New-York for the widening of…
1Opinion of the Court
By the Court,
Nelson, J.
The special pleas are bad. The declaration contains but a single count, alleging as a breach of the covenant, the non-payment of one half year’s rent, due on the first day of May, 1832. The first special plea, in its commencement, professes to answer the whole cause of action, and then sets up in the body of it matters going only in bar of a recovery of one quarter’s rent, ending the first day of February, 1832. Assuming the matter to be a good defence to that extent, it is no defence to the whole cause of action. The plea therefore is bad for this cause, and also for…
2Cited by16 opinions
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- People Ex Rel. Grissler v. . DudleyNew York Court of Appeals · 1874
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