Legal Opinion

Chipman v. Martin

New York Supreme Court

Decided May 15, 1816PublishedCited by 8 opinions

THIS was an action of oh the brought on the 9.th section of the. act concermnff distreskess (1 R. L. 436.,) to , recover double damages for making, a distress when no-rent was P ' o - ^ due. ' The cause was tried before Mr. Justice Platt, at the.

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THIS was an action of oh the brought on the 9.th section of the. act concermnff distreskess (1 R. L. 436.,) to , recover double damages for making, a distress when no-rent was P ' o - ^ due. ' The cause was tried before Mr. Justice Platt, at the. Washington circuit, in June, 1815. The defendant had, by deed, executed on the 11th of Deem-her, 1809, granted certain lands in the town of Hartford, in; the county of Washington, to Chauncey Stehart, in feé, reserving an annual rent of 93 dollars and 6 i cents; the first payment of which was to be made on the 11th December, 1811', and on that day in…

1Opinion of the Court

Thompson, Cb. J.,

delivered the opinion of the court. This action is founded upon the 9th section of the act concerning distresses for rent, (1 R. L. 436.,) which declares, that if any distress and sale shall be made, for rent pretended to be in arpear and due, when no. pent, is in arrear or due, the party so distraining, or for whom such distress shall be made, shall be liable to an action on the case, by the owner of the goods dis-trained, who shall recover double the valué of such goods.

The lease by which the rent in question is reserved, was giyen by the defendant to Chauncey Stewart, and…

2Cited by8 opinions

  1. Bateman v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1893
  2. Clapp v. MeseroleNew York Supreme Court · 1863
  3. Lord v. ColleySuperior Court of New Hampshire · 1833
  4. United States v. HoytU.S. Circuit Court for the District of Southern New York · 1848
  5. Herod v. SnyderIndiana Supreme Court · 1874

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