Martin v. . Rector
New York Court of Appeals
Appeal from, judgment of the General Term of the Su-' preme Court, in the third judicial department, entered upon an order made May 1,1883, which affirmed a judgment in favor of the defendant entered upon a verdict. (Reported below, 30 Hun, 138.) This was an action of ejectment for non-payment of rent, under leases executed by Stephen Yan Rensselaer. Plaintiff claimed as grantee of the lessor.
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Appeal from, judgment of the General Term of the Su-' preme Court, in the third judicial department, entered upon an order made May 1,1883, which affirmed a judgment in favor of the defendant entered upon a verdict. (Reported below, 30 Hun, 138.) This was an action of ejectment for non-payment of rent, under leases executed by Stephen Yan Rensselaer. Plaintiff claimed as grantee of the lessor. The interests of the original lessees were shown to have been transferred by successive conveyances to Martinus Lansing, who was father of defendant’s wife. Non-payment of rent falling due in 1859, was…
1Opinion of the CourtDanfobth, J.
That the plaintiff was the gran-tee of the original lessor, that rent was due from the lessee, and unpaid, and that the demise contained a condition for re-entry upon the land in question for non-payment of rent was conceded, but the land was occupied and no recovery could be had unless the defendant was at the beginning of the action the actual occupant of the premises. (2 R. S. 304, § 4.) Whether he was such occupant was the question litigated at the trial. The plaintiff claimed that the evidence was all one way, and of such force as to require the trial court to withhold it from the jury…
2Cases cited2 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Alexander v. . HardNew York Court of Appeals · 1876
3Cited by14 opinions
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Bradt v. . ChurchNew York Court of Appeals · 1888
- Cipperly v. Cipperly, New York County Courts1918
- Kavanagh v. BarberNew York Supreme Court · 1891
- McKaig v. McKaigNew York Supreme Court · 1935
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