Whitbeck v. Skinner
New York Supreme Court
On error from the Columbia common pleas. Skinner brought an action against Whitbeck in the court below, and declared for the use and occupation of a dwelling house let to the defendant by the plaintiff from the 1st of May, 1842, to the 1st of May, 1843, at a rent of one hundred and thirty dollars. The defendant pleaded the general issue, and gave notice that he would prove certain matters on the trial by way of recoupment.
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On error from the Columbia common pleas. Skinner brought an action against Whitbeck in the court below, and declared for the use and occupation of a dwelling house let to the defendant by the plaintiff from the 1st of May, 1842, to the 1st of May, 1843, at a rent of one hundred and thirty dollars. The defendant pleaded the general issue, and gave notice that he would prove certain matters on the trial by way of recoupment. It appeared by the testimony that the defendant moved into the house on the 2d of May, 1842, and that he remained there until the 12th of the same month, when he abandoned…
1Opinion of the Court
By the Court,
Beardsley, J.
As the defendant was in the actual occupation of the premises for a few days only, and the plaintiff claimed to recover for the whole year, he was bound to prove that the defendant had agreed to take them for that period of time. This was sought to be established by the admission of the defendant, and the evidence was competent for the purpose. But according to the admission, the defendant was to pay one hundred and thirty dollars for the use of the premises, and the plaintiff engaged to put them in a tenantable condition. The defendant offered to show that the…
2Cases cited4 opinions
- M'Allister v. ReabNew York Supreme Court · 1830
- Etheridge v. OsbornNew York Supreme Court · 1834
- Sickels v. FortNew York Supreme Court · 1836
- Woodruff v. Merchant's BankNew York Supreme Court · 1841