Nichols v. Dusenbury & Bailey
New York Court of Appeals
Nichols brought replevin .in the cepit in the superior court of the city of New-York, against Dusenbury and Bailey, for the taking of certain goods, the property of the plaintiff. Bailey pleaded non cepit. Dusenbury put in to the declaration two avowries.
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Nichols brought replevin .in the cepit in the superior court of the city of New-York, against Dusenbury and Bailey, for the taking of certain goods, the property of the plaintiff. Bailey pleaded non cepit. Dusenbury put in to the declaration two avowries. In the first, he stated that the plaintiff at the.time when, &c. was tenant to him of the store in which, &c. under a lease thereof, commencing on the first of May, 1843, and ending May first, 1844, at the yearly rent of $450, payable quarterly, in advance, on the first days of May, August, November and February; and that the quarter’s' rent…
1Opinion of the CourtBronson, J.
The first plea in bar to the avowries impliedly admits that the plaintiff took and held possession of the demised premises nearly four months of the term. Of course there is nothing in toe argument that the agreement never went into effect m consequence of the defendant’s neglect to complete the building in proper time.
The plea is bad for not answering all, that it professes to answer. The rent was payable quarter-yearly in advance; and the quarter’s rent for which the defendant distrained became due and payable on the first day of August—more than twenty days before the plaintiff abandoned…
2Cases cited3 opinions
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Allen v. PellNew York Supreme Court · 1830
- Howell v. Babcock'sNew York Supreme Court · 1840
3Cited by7 opinions
- Seibert v. . DunnNew York Court of Appeals · 1915
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Young v. BurhansWisconsin Supreme Court · 1891
- Hubbell v. De LandU.S. Circuit Court for the District of Eastern Wisconsin · 1882
- Lindeberg v. HodgensAppellate Terms of the Supreme Court of New York · 1915
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