Legal Opinion

Burritt v. Belfy

Supreme Court of Connecticut

Decided December 15, 1879PublishedCited by 35 opinions

Assumpsit for use and occupation of real estate; brought to the City Court of the city of Watorbury. The defendant pleaded the general issue, with notice that he should give in evidence as a bar a judgment rendered by a justice of the peace between the same parties in a later suit for another month’s rent. Facts found and judgment rendered (Cowell, J.,') for the plaintiff.

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Assumpsit for use and occupation of real estate; brought to the City Court of the city of Watorbury. The defendant pleaded the general issue, with notice that he should give in evidence as a bar a judgment rendered by a justice of the peace between the same parties in a later suit for another month’s rent. Facts found and judgment rendered (Cowell, J.,') for the plaintiff. Motion in error by the defendant to the Superior Court, which court (Culver, J.,) affirmed the judgment. The defendant then brought the record before this court by a motion in error. The case is fully stated in the opinion.

1Opinion of the CourtLoomis, J.

Under a parol lease for a term of years, the defendant, from the 1st of October, 1875, till the 1st of November, 1877, occupied certain real estate belonging to the plaintiff for an agreed rent of thirty-seven dollars and fifty cents per month, payable monthly in advance. The rent was not paid according to agreement, and on the 31st of October, 1877, there was due the plaintiff the sum of $173.63, and on that day the present suit was commenced, returnable to tlio City Court of the city of Waterbury liolden on tlio first Monday of December, 1877, for the purpose of recovering the rent due…

2Cases cited2 opinions

  1. Pinney v. BarnesSupreme Court of Connecticut · 1845
  2. Town of Marlborough v. SissonSupreme Court of Connecticut · 1863

3Cited by35 opinions

  1. Hall v. Thomason Chevrolet, Inc.Supreme Court of North Carolina · 1965
  2. Sutcliffe Storage & Warehouse Co. v. United StatesCourt of Appeals for the First Circuit · 1947
  3. Antman v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1933
  4. Eastland County v. DavissonTexas Commission of Appeals · 1929
  5. Wildman v. WildmanSupreme Court of Connecticut · 1898

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