Main v. Cooper
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff brought his action in a Justices’ Court, to recover rent claimed to be due to him as assignee of a lease in fee from Stephen Tan Eensselaer to one Snyder, of a lot of land in the county of Eensselaer, reserving a wheat rent. The recovery was sought against the defendant for rent accrued up to 1856, upon the part of the premises which he occupied.
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Appeal from the Supreme Court. The plaintiff brought his action in a Justices’ Court, to recover rent claimed to be due to him as assignee of a lease in fee from Stephen Tan Eensselaer to one Snyder, of a lot of land in the county of Eensselaer, reserving a wheat rent. The recovery was sought against the defendant for rent accrued up to 1856, upon the part of the premises which he occupied. It was alleged that the rent for thirteen years, ending with the year 1855, had become due and was unpaid. All the allegatiqns in the complaint to show a cause of action were put in issue by the answer of…
1Opinion of the CourtSmith, J.
Section 54 of the Code provides, that no justice of the peace shall have cognizance of a civil action “ where the title to real property shall come in question as provided by sections 55 to 62 inclusive.” Sections 55, 56 and 57, provide the mode in which the defendant may by setting up in his answer that such title will come in question on the trial of the cause, giving an undertaking in effect to appear in the Supreme Court upon a complaint for the same cause of action, procure the action to be dismissed by the justice. Section 58 provides that in such case, where title is plead before the…
2Cases cited2 opinions
- Browne v. ScofieldNew York Supreme Court · 1850
- Main v. GreenNew York Supreme Court · 1860