Palmer v. Conly & Johnson
New York Supreme Court
Error, to the Madison common pleas. Palmer sued Conly and Johnson before a justice of the peace in debt for a forfeiture alleged to have been incurred by the defendants for a violation of 2 R. S. 503, § 17, in knowingly assisting the plaintiff’s tenant, Harding, to remove bis goods from the demised premises, leaving rent due thereon, for the purpose of avoiding the payment of the rent.
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Error, to the Madison common pleas. Palmer sued Conly and Johnson before a justice of the peace in debt for a forfeiture alleged to have been incurred by the defendants for a violation of 2 R. S. 503, § 17, in knowingly assisting the plaintiff’s tenant, Harding, to remove bis goods from the demised premises, leaving rent due thereon, for the purpose of avoiding the payment of the rent. It was alleged that the rent in question became due on the 1st of March, 1844, and that the offence was committed within thirty days next before that day. The defendants pleaded nil debet, and the trial took…
1Opinion of the Court
By the Court, Jewett, J.
It may be true, that hereafter it will not be an offence against the provision of the statute in *376question for the tenant to remove his goods from the demised premises for the purpose of avoiding the payment of rent, or for any person to assist in such removal. The remedy by distress being abolished, the provisions intended to guard and protect that remedy may well be held as to future cases to be abrogated. But at the time this offence was committed, that remedy was in full force. And the instant the thing was done for which the penalty was given, it became a debt or…
2Cases cited5 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- The United States v. Thomas PassmoreSupreme Court of the United States · 1804
- Commonwealth v. WelchCourt of Appeals of Kentucky · 1834
- Marsh v. ShuteCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by37 opinions
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
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