Jex v. Jacob
New York Supreme Court
Appeal by the defendants from a judgment, entered upon an ■order sustaining a demurrer to the second defence sot up in a supplemental answer served in the action. The plaintiff, by lease under seal, dated January 23, 1871, leased to the defendants certain premises on the corner of Forty-second street and Broadway, for the term of ten years, commencing on the 1st day of February, 1871, at the annual rent of $13,230, to be paid in equal quarter-yearly payments.
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Appeal by the defendants from a judgment, entered upon an ■order sustaining a demurrer to the second defence sot up in a supplemental answer served in the action. The plaintiff, by lease under seal, dated January 23, 1871, leased to the defendants certain premises on the corner of Forty-second street and Broadway, for the term of ten years, commencing on the 1st day of February, 1871, at the annual rent of $13,230, to be paid in equal quarter-yearly payments. The defendants neglected to pay rent for the quarter ending August 1,. 1877, amounting to the sum of $3,307.50, and for the…
1Opinion of the Court
Daniels, J.:
This action has been brought to recover $6,615, with interest thereon, for rent accruing on a lease executed by the parties, whereby certain promises were demised to the defendants by the plaintiff. At the time when this suit was commenced, other rent had become due to the plaintiff on the same covenant, for the preceding occupancy by the defendants of the same premises for the recovery of which an action was subsequently brought. Judgment by default was recovered in that action, which was afterwards satisfied by payment, and leave was thereupon obtained to set forth that recovery…
2Cases cited16 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Bendernagle v. CocksNew York Supreme Court · 1838
- Baird v. United StatesSupreme Court of the United States · 1878
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Phillips v. BericicNew York Supreme Court · 1819
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- Brand v. BakerOregon Supreme Court · 1903
- Byrnes v. . ByrnesNew York Court of Appeals · 1886
- Parry v. American Opera Co.City of New York Municipal Court · 1887
- Sargent v. KindredNorth Dakota Supreme Court · 1896
- Peurrung v. Carter-Crume Co.U.S. Circuit Court for the District of Southern Ohio · 1899
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