Central Bank of Troy v. . Heydorn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought in March, 1862, to recover of the defendant rent for certain premises in the county of Rensselaer.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought in March, 1862, to recover of the defendant rent for certain premises in the county of Rensselaer. The allegations in the complaint were denied, and as a further defence the defendant alleged “that neither the plaintiff, nor his ancestor, predecessor or grantor was seized or possessed of the premises in question within twenty years before the commencement of this action, nor within twenty, years…
1Concurrence
All the questions in this case are fully settled by prior adjudication, except the one that there is no proof of the payment of rent since the date of the lease. The defendant claims that from the absence of such proof it must be presumed that the rent has been released or discharged. I can find no authority to sustain this claim. In Livingston v. Livingston (4 Johns., Ch. 294), the bill alleged that no rent had been paid since the date of the lease, forty-five years. In Lyon v. Chase (51 Barb., 13) it was proved that no rent had been claimed or paid for upward of twenty years. But no case…
2Cases cited3 opinions
- Tyler v. HeidornNew York Supreme Court · 1866
- Lyon v. ChaseNew York Supreme Court · 1867
- Cole v. PattersonNew York Supreme Court · 1841