McCarty v. Hudsons
New York Supreme Court
Error from the New-York C. P. The plaintiffs below, W. H. & R. E. Hudson, brought replevin against McCarty and Allison for taking certain goods and chattels. The defendants pleaded : 1. Non-cepit; and 2. Putin an avowry and cognizance, justifying the taking of the goods under a warrant of distress for $278, a quarter’s rent due 1st February, 1837, under a demise of certain premises from McCarty *to the [ *292 ] plaintiffs.
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Error from the New-York C. P. The plaintiffs below, W. H. & R. E. Hudson, brought replevin against McCarty and Allison for taking certain goods and chattels. The defendants pleaded : 1. Non-cepit; and 2. Putin an avowry and cognizance, justifying the taking of the goods under a warrant of distress for $278, a quarter’s rent due 1st February, 1837, under a demise of certain premises from McCarty *to the [ *292 ] plaintiffs. The plaintiffs pleaded : 1. No rent in arrear; 2. That after the demise, to wit, on or about the 2d March, 1837, McCarty, with force and arms, &c., entered the demised…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It is insisted by the counsel for the plaintiffs in error that the facts found by the special verdict do [ *293 ] not support the issue, setting up a wrongful *eviction by the lessor, and that as all the other issues were expressly found for the defendants, judgment should have passed in their favor.
The plea undoubtedly sets up a tortious or wrongful entry and expulsion, and must be regarded in that light. It avers that the lessor, with force and arms, &c. entered in and upon the demised premises, and expelled and removed the lessees. In this respect it is in the usual…
2Cited by4 opinions
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- Graser v. StellwagenNew York Court of Appeals · 1862