Shiff v. Ezekiel

The plaintiff appeals from a judgment on a rule setting aside the writ of provisional seizure sued out by him against the defendant to recover the rent which the latter agreed to pay him for the lease of a building on Camp street. The proceeding seems to have been regularly taken out under article 287 C. P., on a written contract of lease in which the defendant agreed to pay for the premises $417 per month, one month’s rent being past due.

Because the plaintiff had for several months prior voluntarily abated the monthly installments at the request of the defendant, no obligation thereby arose…