Guild v. Rogers
New York Supreme Court
This was an action of trespass, for seizing and taking personal property. The defendant, by his plea, justified the entering upon the premises and seizing and taking the property in question, on the 7th of July, 1846, as and for a distress for rent due from the plaintiff on the 1st day of May, 1846, for the five months previous thereto. To this plea the plaintiff demurred. The other material facts appear from the opinion of the court.
1Opinion of the Court
By the Court, Edmonds, P. J.
The act of the legislature of May, 1846, abolishes distress for rent in these few words, “ Distress for rent is hereby abolished.” That act took effect on the 2d of June of that year. The pleadings in this suit alledge that for rent due on the 1st May, 1846, the defendant distrained the goods in question on the 7th of July in that year. And it is insisted by the demurrer that such distress was unlawful.
That depends on the question whether distress in such case is an essential part of the contract, or merely a remedy to enforce a recovery for its non-performance. If…
2Cases cited2 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Maynes v. MooreIndiana Supreme Court · 1861
- Conkey v. . HartNew York Court of Appeals · 1856
- Moore v. LetchfordTexas Supreme Court · 1872
- Conkey v. HartNew York Court of Appeals · 1856
- Dickerson v. CookNew York Supreme Court · 1853
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