Peck v. Hiler
New York Supreme Court
THIS action was brought for the recovery of the possession of certain premises in Rockland county, which were demised to the defendant by the plaintiff. The complaint averred that rent for more than half a year was due and unpaid; that payment was demanded and refused, and that 'the plaintiff gave notice of his intention to re-enter within fifteen days, on account of the non-payment of said rent.
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THIS action was brought for the recovery of the possession of certain premises in Rockland county, which were demised to the defendant by the plaintiff. The complaint averred that rent for more than half a year was due and unpaid; that payment was demanded and refused, and that 'the plaintiff gave notice of his intention to re-enter within fifteen days, on account of the non-payment of said rent. The answer averred that the use of a certain rail road was demised as part of the demised premises, and that after the defendant had taken possession of the premises, the plaintiff evicted him from…
1Opinion of the Court
“ By the Court, Emott, J.
This action is for the possession of certain demised premises, alleged by the plaintiff to have been forfeited by the non-payment of rent. The defense is, that the rent was suspended by the eviction of the tenant from a portion of the premises; and if this partial eviction be established, there is no doubt that the entire liability of the tenant for rent ceases until the interference of the landlord with the use of the property is terminated. The alleged eviction in this case consisted in the tearing up and removal of the rails upon a rail road running to the Hudson…
2Cases cited6 opinions
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Lewis v. PaynNew York Supreme Court · 1830
- Etheridge v. OsbornNew York Supreme Court · 1834
- Bennet v. BittleSupreme Court of Pennsylvania · 1834
- Watts v. CoffinNew York Supreme Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hall v. IrvinAppellate Division of the Supreme Court of the State of New York · 1903
- Hamilton v. GraybillAppellate Terms of the Supreme Court of New York · 1897
- Seigel v. NearyAppellate Terms of the Supreme Court of New York · 1902
- Pridgeon v. Excelsior Boat ClubMichigan Supreme Court · 1887
- Hall v. IrwinAppellate Division of the Supreme Court of the State of New York · 1903
7 more not listed; retrieve them via the Exa API.