Clarke v. Dutcher
New York Supreme Court
On error from the court of common pleas of Otsego county. Butcher sued Clarke on the 8th of January, 1821, by summons, in a justice’s court of that county; and declared that he, Dutcher, then was, and had been from the spring of 1785, in the possession and occupation of lot No. 36, containing 100 acres, in the Cherry Valley patent, as a tenant to Clarke, at an annual rent of 6d. sterling an acre, or £2 10, sterling for the whole lot; that the defendant Clarke, from that time…
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On error from the court of common pleas of Otsego county. Butcher sued Clarke on the 8th of January, 1821, by summons, in a justice’s court of that county; and declared that he, Dutcher, then was, and had been from the spring of 1785, in the possession and occupation of lot No. 36, containing 100 acres, in the Cherry Valley patent, as a tenant to Clarke, at an annual rent of 6d. sterling an acre, or £2 10, sterling for the whole lot; that the defendant Clarke, from that time to the present had demanded, and the plaintiff Dutcher had been obliged to pay, and had paid £4 14s. York currency per…
1Opinion of the Court
Curia, per Sutherland, J.
The demand of the plaintiff *709below must be limited to the six years preceding the commencement of his suit. The admission by Clarke that it had been an old custom of his to take four or five shillings more rent than was reserved in the lease, is not sufficient to open all the antecedent accounts between the parties. The conversation commenced by Clarke’s asking Dutcher why he had issued a summons against him ? From which it may be inferred that it was soon after the issuing of the summons, and before the declaration was put in before the justice. He could not then have…
2Cases cited8 opinions
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- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Sands v. GelstonNew York Supreme Court · 1818
- Tompkins v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by1 opinion
- Long v. Boone CountySupreme Court of Iowa · 1872