Hunter v. Le Conte
New York Supreme Court
On error from the C. P. of New-York. The action in the court below was replevin, by Hunter against Le Conte and Ellis, for goods taken in the city of New-York. Le Conte avowed, and Ellis, as his bailifi’, made cognizance c of the taking of the goods on the 20th of February, 1824, as a distress for $62,50 rent, due February 1st, 1824, on a demise of premises in the city.
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On error from the C. P. of New-York. The action in the court below was replevin, by Hunter against Le Conte and Ellis, for goods taken in the city of New-York. Le Conte avowed, and Ellis, as his bailifi’, made cognizance c of the taking of the goods on the 20th of February, 1824, as a distress for $62,50 rent, due February 1st, 1824, on a demise of premises in the city. Pleas, 1. that the defendant, L. did not file an affidavit of rent being due, im-der the statute, (sess. 38, ch. 153, 3 L. N. Y. 156, c.;) and 2. that before distress made, viz. on the 16 th of February, 1824, the plaintiff…
1Opinion of the Court
Curia, per
Savage, Ch. J.
1. As to the demurrer. The defendants, no doubt, have a right to shew that the plaintiff’s plea is defective in substance. The objection taken by the judge was, that the tender should have been *730on the land. Another exception is now taken, to wit: that the plaintiff did not say he was always ready after the tender, and bring the money into court.
There are authorities which say, that when rent is payable on a particular day, it must be demanded on the land ; and also that a tender on the land is good, and prevents a forfeiture. (Co, Lit. 201, b. 211, a.) But Hargrave, in…
2Cited by11 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Knollenberg v. NixonMissouri Court of Appeals · 1903
- In re SouleNew York Surrogate's Court · 1888
- In re Soule's WillNew York Surrogate's Court · 1888
- Sage v. StaffordAppellate Division of the Supreme Court of the State of New York · 1899
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