Etheridge v. Osborn
New York Supreme Court
Error from the Herkimer common pleas. Osborn sued Etheridge in an action of replevin for the taking and detaining of a quantity of hemlock boards, &c. The defendant avowed the taking, as and for a distress for rent of certain premises occupied by the plaintiff under a lease from the defendant, averring that $75, the rent of the premises for one year, due on the 1st April, 1829, remained unpaid, and that for that cause he took the boards, áre.
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Error from the Herkimer common pleas. Osborn sued Etheridge in an action of replevin for the taking and detaining of a quantity of hemlock boards, &c. The defendant avowed the taking, as and for a distress for rent of certain premises occupied by the plaintiff under a lease from the defendant, averring that $75, the rent of the premises for one year, due on the 1st April, 1829, remained unpaid, and that for that cause he took the boards, áre. The plaintiff pleaded to the avowry, 1. non tenuit, 2. riens in arrere, and 3. that by the lease under which he held the premises, bearing date 27th…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question properly arising upon this bill of exceptions is, whether, under the lease between the parties, occupation by the tenant being admitted» the landlord was entitled to rent.
The lease is admitted by the pleadings. None of the evidence on the trial is stated, except an admission, that the tenant was in possession, and that he occupied the premises for the time for which rent was claimed, and that no rent had been paid. On this statement there can be no doubt that rent must be paid. It is the express stipulation of the parties that it shall be paid ; it…
2Cases cited2 opinions
- Lewis v. PaynNew York Supreme Court · 1830
- Allen v. PellNew York Supreme Court · 1830
3Cited by28 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Huber v. RyanNew York Supreme Court · 1899
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