Baker v. Spector

Opinion by

Trenter, J.,

Spector, through his agent, leased certain premises to Swinton. The rent due January 1, 1924, was not paid. On January 2, 1924, a landlord warrant was issued and the goods of Sara Baker were seized and removed. She then brought this action in trespass. The basis of her claim is that as January 1st was a holiday, the tenant was not required to pay the rent on that day but had the whole of January 2nd in which to pay it. As the rent was not due, the landlord had no right to distrain and was a trespasser ab initio. She avers that the remedy provided by an action of replevin…