M'Gaunten v. Wilbur
New York Supreme Court
0:j certiorari to the Marine Court of the city of New York. The defendant in error, on the 3 lsi Oct. 1820, hired of the plaintiff in error, a house in the city of New-York, for <3 months, from the lsi day of Nov. following, for which he agreed to pay $150 ; $50 in advance—the residue to be secured by a bill of sale of his furniture, in nature of a mortgage. He mentioned at the time, that he did not want possession under a fortnight.
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0:j certiorari to the Marine Court of the city of New York. The defendant in error, on the 3 lsi Oct. 1820, hired of the plaintiff in error, a house in the city of New-York, for <3 months, from the lsi day of Nov. following, for which he agreed to pay $150 ; $50 in advance—the residue to be secured by a bill of sale of his furniture, in nature of a mortgage. He mentioned at the time, that he did not want possession under a fortnight. On the 3d Nov. the plaintiff in error, not having received the $50 and security, let the house to another tenant. On the 3th or 10th Nov. the defendant in error…
1Opinion of the Court
Curia..
The judgment must he reversed. The agreement was, that the 50 dollars rent should be paid in advance. This not having been done, and the security not being given on the 3d day of November, the plaintiff in error had a right to consider the contract at an end, and to let his house to any other person. The remark of the defendant in error, that he did not want the possession under a fortnight, did not vary the agreement. This was, to pay the 50 dollars, &c. not before he entered into possession, but before he was entitled to possession, which was on the lsi day of November.
Judgment…
2Cited by2 opinions
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