Cornell v. Lamb
New York Supreme Court
The first count was trover for certain goods and chattels Qf tpe plaintiff, which the defendant had distrained and sold r 1 for rent, claimed by him to be due from the the plaintiff: The second count was in case, upon the 9th section of the “ act concerning- distresses, rents and the renewal of leases,” pass- ° ed April 5 1813, (sess. 37, ch. 63, 1 R. L 435,) for distraining when no rent was due, and claiming double damages.
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The first count was trover for certain goods and chattels Qf tpe plaintiff, which the defendant had distrained and sold r 1 for rent, claimed by him to be due from the the plaintiff: The second count was in case, upon the 9th section of the “ act concerning- distresses, rents and the renewal of leases,” pass- ° ed April 5 1813, (sess. 37, ch. 63, 1 R. L 435,) for distraining when no rent was due, and claiming double damages. Plea, the general" issue. ; The cause was tried at the Saratoga circuit, May 28th, 1822, before his honor (the late) Mr. Justice Yates. At the trial, the counsel agreed…
1Opinion of the CourtWoodworth', J.
The principal question'in this cause is, whether a landlord can distrain for rent, without - reserving a 'special power of distress; At the common law, théré Wére ■three kinds of rent; rent service, rérit charge, and rent seek. The first is, where the tenant holds his land by fealty and certain rent, or by rendering services, as ploughing the land, shearing the sheep and the like ; for these the lord might ■ distrain of common right, provided he had in himself -the reversion, and the service be certain,.or capable of being reduced to certainty, so that upon the avowry, he might-' be able to…
2Cases cited3 opinions
- Jackson ex dem. Gouch v. WoodNew York Supreme Court · 1815
- Cornell v. LambNew York Supreme Court · 1823
- Harrington v. FergusonIndiana Supreme Court · 1827
3Cited by5 opinions
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
- Van Rensselaer v. . ReadNew York Court of Appeals · 1863
- Dutcher v. CulverSupreme Court of Minnesota · 1877
- Horner v. DellingerU.S. Circuit Court for the District of Eastern Wisconsin · 1883
- Van Rensselaer v. ReadNew York Court of Appeals · 1863