Mechanics' & Traders' Fire Insurance v. Scott
New York Court of Common Pleas
Demurrer to an answer. The complaint alleged that on March 6th, 1858, the plaintiffs let and leased to the defendant the house and premises No. 248 Hicks street, Brooklyn, for one year, to commence on May 1st, 1858, at the rent of $600, payable quarterly; and in consideration of such letting, the defendant covenanted and agreed with the plaintiffs to pay them the rent as aforesaid.
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Demurrer to an answer. The complaint alleged that on March 6th, 1858, the plaintiffs let and leased to the defendant the house and premises No. 248 Hicks street, Brooklyn, for one year, to commence on May 1st, 1858, at the rent of $600, payable quarterly; and in consideration of such letting, the defendant covenanted and agreed with the plaintiffs to pay them the rent as aforesaid. That one quarter’s rent became due August 1st, 1858, which, though demanded, the defendant refused to pay, and judgment therefor was asked, with interest. The answer contained four separate defences, the last of…
1Opinion of the Court
Daly, First Judge.
The fourth answer sets up no defence. The complaint avers that the plaintiffs leased the premises to the defendant on the sixth day of March, 1858, for one year, to commence on the 1st of May following. This vested in the defendant an interest in the term on the 1st of May, and rendered him liable, after that date, for the payment of the rent. ' Whitney v. Allaire, 1 Comst. 311. It is no answer that he has never had possession. Bellasis v. Burbriche, Lord Ray. 170; Holt, 199; Eaton v. Jaques, 1 Doug. 461. He avers that at the time of the agreement there was a tenant in…
2Cited by12 opinions
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- Goelet v. RoeNew York Court of Common Pleas · 1895
- Harris v. GreenbergerAppellate Division of the Supreme Court of the State of New York · 1900
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