Legal Opinion

Weiss v. Jahn

Supreme Court of New Jersey

Decided June 15, 1874Published

In replevin. On case certified from the Hudson Circuit. The defendant, Jahn, as bailiff of one Ruh, distrained the goods of plaintiff, Weiss, in Hoboken, in November, 1871, for $125, one quarter’s rent due on November 1st, 1871, in advance, for premises in Union Hill, hired by Weiss from Ruh, from May 1st, 1871, to May 1st, 1872. Weiss had removed from the premises in Union Hill a few days before November 1st, 1871, but less than thirty days before the distress, taking with…

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In replevin. On case certified from the Hudson Circuit. The defendant, Jahn, as bailiff of one Ruh, distrained the goods of plaintiff, Weiss, in Hoboken, in November, 1871, for $125, one quarter’s rent due on November 1st, 1871, in advance, for premises in Union Hill, hired by Weiss from Ruh, from May 1st, 1871, to May 1st, 1872. Weiss had removed from the premises in Union Hill a few days before November 1st, 1871, but less than thirty days before the distress, taking with him the goods which were afterwards distrained, but he left a few articles (not distrained) on the demised premises…

1Opinion of the Court

The opinion of the court was delivered by

Woodhull, J.

Distress for rent being merely a remedy for the non-payment of rent in arrear, it can in no case be lawfully made before the rent is due, by the terms of the-lease. 3 Bl. Com. 6, 7; Bradb. Dis. 87, (1 Law Lib. 53.)

But on whatever day the tenant agrees that the rent shall become due, the landlord may distrain for it at that time. Buckley v. Taylor, 2 T. R. 600; Bradb. Dis. 69, 89; (1 Law Lib. 43, 55.)

Rent payable in advance may therefore be distrained for immediately, if not paid when due. Russell v. Doty, 4 Cow. 576; Peters v. Newkirk, 6…

2Cases cited3 opinions

  1. Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Peters v. NewkirkNew York Supreme Court · 1826
  3. Russell v. DotyNew York Supreme Court · 1825

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