Bloomer v. Juhel
New York Supreme Court
Error from the New York common pleas. Juhel brought replevin against Bloomer for the taking of certain goods and chattels. Bloomer avowed the taking as a distress for a quarter of a year’s rent due on the 1st February, 1829, on certain premises in the city of New-York, demised by him to one H. S. Spendlove, on the 1st August, 1828, from that day until the 1st May 1829, at a rent of $375, payable quarterly, on the first days of November, February and May.
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Error from the New York common pleas. Juhel brought replevin against Bloomer for the taking of certain goods and chattels. Bloomer avowed the taking as a distress for a quarter of a year’s rent due on the 1st February, 1829, on certain premises in the city of New-York, demised by him to one H. S. Spendlove, on the 1st August, 1828, from that day until the 1st May 1829, at a rent of $375, payable quarterly, on the first days of November, February and May. He averred that at the time of the demise to Spendlove, and at the time of the taking of the distress, and until after the expiration of the…
1Opinion of the Court
By the Court, Savage, Ch. J.
It was necessary to avow as the defendant has done, by stating a seisin in some person, and deducing title from that person to the avowant; 1 Johns. R. 384; 10 Johns. R. 372; 5 Cowen, 340; avowries for rent having been, heretofore, in this state, governed by the common law and not by the statute, 11 Geo. 2, ch. 19, § 22. Until the recent revision of our statutes, that section has never been enacted here. 2 R. S. 529, § 41. It was also necessary for him in his avowry to show that there was a reversionary interest remaining in him after the termination of the demise…
2Cases cited1 opinion
- Lewis v. PaynNew York Supreme Court · 1830
3Cited by1 opinion
- Bandel v. EricksonSuperior Court of Pennsylvania · 1897