Lewis v. Payn
Court for the Trial of Impeachments and Correction of Errors
Replevin; tried at the Rensselaer circuit in June, 1826, ^fore DUER, 0. Judge. The defendant avowed the taking for a half year’s rent in arrear, being $250, due on the 1st of October, 1823, on a lease of land in Schodack The plaintiffs pleaded non-tenancy and riens in arrere. On the trial, the defendant produced and-gave in evidence the lease, which contained in the body of it this language: “excepting and always reserving unto the said Amaziah.
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Replevin; tried at the Rensselaer circuit in June, 1826, ^fore DUER, 0. Judge. The defendant avowed the taking for a half year’s rent in arrear, being $250, due on the 1st of October, 1823, on a lease of land in Schodack The plaintiffs pleaded non-tenancy and riens in arrere. On the trial, the defendant produced and-gave in evidence the lease, which contained in the body of it this language: “excepting and always reserving unto the said Amaziah. Payn, his heirs and assigns, all rents now due, or that may hereafter become due, by virtue of leases heretofore * executed to Andrew Van Beuren or…
1Opinion of the Court
Ounce, per Savage, Ch. J.
The defendant alleges that the verdict is against evidence. The evidence is certainly contradictory; and as it is the province of the j ury to weigh the testimony, I should feel unwilling to disturb the verdict on the question of alteration. The jury would have been justified in finding either way. The evidence as to the character of the defendant was improper; but was not objected to; and some of the questions were put by the defendant’s own counsel.
The only point for the present discussion, is, the correctness of the judge’s charge. This must be understood in…
2Cases cited1 opinion
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