Hill v. Stocking
New York Supreme Court
Error to the Erie common pleas, where Milo W. Hill brought replevin against Sarah B. Stocking, for taking &c. certain goods consisting of drags, medicines and other articles ; alleging the taking to have been on the 11th of April, 1842, from a store, to wit, No. 113 Main-street, Buffalo. The defendant pleaded non cepit, and interposed three avowries, setting up that the taking was by way of distress for rent.
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Error to the Erie common pleas, where Milo W. Hill brought replevin against Sarah B. Stocking, for taking &c. certain goods consisting of drags, medicines and other articles ; alleging the taking to have been on the 11th of April, 1842, from a store, to wit, No. 113 Main-street, Buffalo. The defendant pleaded non cepit, and interposed three avowries, setting up that the taking was by way of distress for rent. Theirs# avowry was substantially as follows : And the said defendant well avows the taking &c., in the said store, to wit, No. 113 Main-street, Buffalo, because she says, that one…
1Opinion of the Court
By the Court, Cowen, J.
The third avowry is simply, that the place where the goods of the plaintiff were distrained, was parcel of certain premises for which there was then and there seventy-five dollars rent due to the defendant, viz. one quarter’s rent accruing from the 1st of January, 1842, to the 1st of April in the same year; and because it was in arrear, she caused distress to be made. That there was any landlord or any tenant of the premises while the rent was accruing or at the time of the distress, is not shown. For aught that appears, the rent was due on a demise which had expired,…
2Cases cited4 opinions
- Hart v. SeixasNew York Supreme Court · 1839
- Reed v. DrakeNew York Supreme Court · 1831
- Rhodes v. BuntsNew York Supreme Court · 1839
- Hill v. MillerSupreme Court of Pennsylvania · 1819