Smith v. Colson
New York Supreme Court
THIS was an action of trespass de bonis asportatis, 8cc. The cause was tried at the Green circuit, the 28th August, 1812, be-_ fore Mr. Justice rates. The plaintiff proved the taking and carrying away of the goods in question, by the defendants.
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THIS was an action of trespass de bonis asportatis, 8cc. The cause was tried at the Green circuit, the 28th August, 1812, be-_ fore Mr. Justice rates. The plaintiff proved the taking and carrying away of the goods in question, by the defendants. On the part of the defendants, it was proved, that about 9 months previous to taking the goods, the plaintiff hired a house of Colson, at the rent of 70 dollars per annum, and that the goods in question were distrained, by him and the other defendant, who was a constable, for rent. The evidence as to the time and manner in which the rent was payable…
1Per curiam
Admitting that the rent was payable in repairs, yet the amount of the rent, and, consequently, the extent of the impairs, was certain, being fixed at 70 dollars. The i-emedy by distress then applied to this case. A landlord may distrain for services, as well as for money due by way of rent; and the books specify a variety of services and duties for which the party had this remedy at the common law. The great principle was, that the service be certain, or capable of being reduced to certainty, so that upon the avowry, the lord might be able to ascertain and recover the damages for…
2Cited by7 opinions
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