Mendel v. Fink
Appellate Court of Illinois
Appeal from the County Court of Cook county; the lion. Masor B. Loomis, Judge, presiding. This was a proceeding by Mendel, the appellant, upon a distress warrant issued Feb. 3, 1879, for $335, as rent due from appellee Fink upon a demise by the former to the latter of stores No. 199, 131, 133, Van Buren street, and Ho. 96 Pacific Avenue; also rooms on 2nd floor of 127 Van Buren street, in the city of Chicago ; which warrant was executed and returned to the clerk of the…
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Appeal from the County Court of Cook county; the lion. Masor B. Loomis, Judge, presiding. This was a proceeding by Mendel, the appellant, upon a distress warrant issued Feb. 3, 1879, for $335, as rent due from appellee Fink upon a demise by the former to the latter of stores No. 199, 131, 133, Van Buren street, and Ho. 96 Pacific Avenue; also rooms on 2nd floor of 127 Van Buren street, in the city of Chicago ; which warrant was executed and returned to the clerk of the county court, and to which Fink, under the statute, filed the pleas of nil debet, and no rent in arrear. Upon the trial…
1Opinion of the CourtMcAllister, P. J.
Recoupment of damages arising out of the same transaction, is in the nature of a cross-action. In order to a defense to the claim of plaintiff below for rent, by way of recoupment of damages sustained by defendant, by reason of the alleged nuisance, the latter was subject to the same requirements, in respect to evidence, to which he would have been subject had he brought a distinct action against the plaintiff, as his landlord, to recover for the same injury. In that case the burden of proof would have been upon him to establish all the essential elements of a cause of action by a…
2Cited by11 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Hamilton v. FearyIndiana Court of Appeals · 1893
- Brady v. KleinMichigan Supreme Court · 1903
- Michaelson v. CautleyWest Virginia Supreme Court · 1898
- Sontag v. O'HareAppellate Court of Illinois · 1898
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