Legal Opinion

Giles v. . Comstock

New York Court of Appeals

Decided December 5, 1850PublishedCited by 39 opinions

On the 5th day of February, 1844, Giles, as receiver for the estate of William Post, deceased, having power to lease certain property of the decedent, and to collect the rents, rented store No. 162 Water-street, N. Y., to Comstock, for one year from the 1st of May, 1841. Upon which Comstock entered into a written agreement under seal, by which he agreed to pay the said Giles one thousand dollars of yearly rent, “ payable quarterly in advance.”

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On the 5th day of February, 1844, Giles, as receiver for the estate of William Post, deceased, having power to lease certain property of the decedent, and to collect the rents, rented store No. 162 Water-street, N. Y., to Comstock, for one year from the 1st of May, 1841. Upon which Comstock entered into a written agreement under seal, by which he agreed to pay the said Giles one thousand dollars of yearly rent, “ payable quarterly in advance.” The rent for three quarters had been paid, and this suit was brought in the superior court of the city of New-York, to recover for the quarter…

1Opinion of the CourtTaylor, J.

A contract to pay rent in advance is not illegal or void; but if so made, it may be distrained for, or an action maintained for it in debt or covenant. (Conway v. Starkweather, 1 Denio, 113; Russell v. Doty, 4 Cowen, 478.) This point has been very fully examined and clearly settled in England, as well as in this country. In Bulkley v. Taylor, (2 T. R. 600,) Buller, J. says, “ in general the landlord can not distrain till the rent becomes due; but if the agreement be otherwise, I see no objection to it in point of law.” In Harrison v. Barry, (7 Price, 690,) it was adjudged that a claim may be…

2Cases cited2 opinions

  1. Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Astor v. TurnerNew York Court of Chancery · 1845

3Cited by39 opinions

  1. Schuyler v. . SmithNew York Court of Appeals · 1873
  2. American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
  3. Ralph v. LomerWashington Supreme Court · 1891
  4. Wagner v. RiceSupreme Court of Florida · 1957
  5. Central Manhattan Properties, Inc. v. D. A. Schulte, Inc.Court of Appeals for the Second Circuit · 1937

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