Russell v. Meacham
New York Supreme Court
Motion that defendant be required to pay money admitted to be due. The complaint contained three counts. The^rsi count stated that the defendant had hired of the plaintiff a certain store in the city of Albany, for which he agreed to pay a stipulated rent, together with the taxes which should be assessed thereon, and that the defendant had failed to pay such taxes, amounting to $177.84. The second count alleged a subsequent letting of the same premises for another year,…
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Motion that defendant be required to pay money admitted to be due. The complaint contained three counts. The^rsi count stated that the defendant had hired of the plaintiff a certain store in the city of Albany, for which he agreed to pay a stipulated rent, together with the taxes which should be assessed thereon, and that the defendant had failed to pay such taxes, amounting to $177.84. The second count alleged a subsequent letting of the same premises for another year, commencing on the first day of May, 1857, and that there was due for rent in arrear on the first day of November, 1857, the…
1Opinion of the Court
Harris, Justice.
But for the amendment to the last clause of the 5th subdivision of the 244th section of the Code, adopted in 1857, I should have been inclined to hold with Mr. Justice Clerks, in Lane agt. Losee, (11 How. 360,) that the provisions of that paragraph had no application to an ordinary action upon contract. I cannot suppose that the legislature intended by such an enactment to restore, or even authorize imprisonment for the non-payment of a demand, in cases where such imprisonment would have been unauthorized before. The provision in question should be so construed as not to…
2Cases cited1 opinion
- Weatherhead's Lessee v. BaskervilleSupreme Court of the United States · 1851
3Cited by1 opinion
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874