Hunter v. Osterhoudt
New York Supreme Court
This was an action of ejectment, tried before Hon. S. Barculo, late circuit judge, at the Sullivan circuit, in May, 1847. The farm in question was occupied by the defendant, and contained 100 acres of land. It had been leased by the plaintiff to the defendant in 1828, by a perpetual lease; the rent reserved being eighteen pence an acre, payable the 1st of June of every year, with a clause of re-entry if the rent should remain unpaid for four months.
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This was an action of ejectment, tried before Hon. S. Barculo, late circuit judge, at the Sullivan circuit, in May, 1847. The farm in question was occupied by the defendant, and contained 100 acres of land. It had been leased by the plaintiff to the defendant in 1828, by a perpetual lease; the rent reserved being eighteen pence an acre, payable the 1st of June of every year, with a clause of re-entry if the rent should remain unpaid for four months. It was proved that the amount of rent due and unpaid, without interest, on the 1st of June, 1845, was $200,75. The time laid in the declaration…
1Opinion of the Court
By the Court,
Parker, J.
Two points are made by the defendant. The first is, that the acceptance of rent in October and November, 1845, was a waiver of the forfeiture. The rent fell due annually, on the first day of June, and the lease reserved the right of re-entry if the rent was not paid in four months thereafter. The forfeiture did not therefore happen till the first day of October, and the last forfeiture that had occurred before this suit was commenced was on the first day of October, 1845. Subsequent to that day, and in October and November of the same year, two payments were made, “ on…
2Cases cited6 opinions
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- Allen v. CulverNew York Supreme Court · 1846
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
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