Bowman v. Foot
Supreme Court of Connecticut
■' Writ of error from the judgment of a justice of ihe peace, upon a summary process brought by the present defendant for the recovery of certain premises leased to the present plaintiff. The writ of error was brought to the superior court and by that court reserved for the advice of this court. By the bill of exceptions allowed by the justice, and upon which the only questions in the case arose, the following facts appeared.
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■' Writ of error from the judgment of a justice of ihe peace, upon a summary process brought by the present defendant for the recovery of certain premises leased to the present plaintiff. The writ of error was brought to the superior court and by that court reserved for the advice of this court. By the bill of exceptions allowed by the justice, and upon which the only questions in the case arose, the following facts appeared. The lease under which the defendant in the original suit held the premises was (so far as important to the case,) as follows:— “ This indenture made by and between Enos…
1Opinion of the CourtStorrs, C. J.
We do not find it necessary to decide whether, by the acceptance of rent which fell due before the alleged determination of the lease, the lessor waived his right to repossess himself of his estate. The current of authority *337is against such a doctrine, although the opposite view of the law is not wholly unsupported. Coon v. Brickett, 2 N. Hamp., 163. It is generally maintained that an entry for condition broken ought not at all to affect the right to receive payment of a pre-existing debt, or the acceptance of payment of such a debt to affect the right of entry.
Nor do we determine whether the…
2Cases cited1 opinion
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
3Cited by25 opinions
- Thompson v. CoeSupreme Court of Connecticut · 1921
- Rosa v. CristinaSupreme Court of Connecticut · 1949
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- Kovner v. DubinSupreme Court of Connecticut · 1926
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
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