Simers v. Saltus
New York Supreme Court
Error-from the New-York common pleas. Simers sued Saltus in the court below in covenant, for the non-payment of rent due upon a demise of a house in Cherry-street, for two quarters ending the 30th of April, 1841. The plaintiff, on the 26th February, 1840, leased the, premises to John Shine for one year, commencing on the first day-of May ensuing, for $550 rent, payable quarterly, and the defendant executed an agreement at the foot of the lease by which, as Shine’s surety, he…
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Error-from the New-York common pleas. Simers sued Saltus in the court below in covenant, for the non-payment of rent due upon a demise of a house in Cherry-street, for two quarters ending the 30th of April, 1841. The plaintiff, on the 26th February, 1840, leased the, premises to John Shine for one year, commencing on the first day-of May ensuing, for $550 rent, payable quarterly, and the defendant executed an agreement at the foot of the lease by which, as Shine’s surety, he covenanted that the rent should be duly paid. Plea, nonest factum, with notice , of the defence disclosed bythe…
1Opinion of the Court
By the Court, Jewett, J.
I entertain no doubt but that the foreclosure of the mortgage and the sale and conveyance of the demised premises, under the decree', extinguished the title of the plaintiff, and also the right of the tenant under his lease. (Kershaw v. Thompson, 4 John. Ch. Rep. 609 ; 2 R. S. 191, § 152.) The more important question is, whether the defendant can set up that the plaintiff’s title had expired before the commencement of the period during which the rent claimed accrued, without showing an actual eviction. It is conceded that if Shine had attorned to Gleason, after the…
2Cases cited6 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Lane v. KingNew York Supreme Court · 1832
- Lloyd v. KeachSupreme Court of Connecticut · 1817
- Magill v. HinsdaleSupreme Court of Connecticut · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Sherman v. . WillettNew York Court of Appeals · 1870
- McDermott v. BurkeCalifornia Supreme Court · 1860
- The Home Life Ins. Co. v. . ShermanNew York Court of Appeals · 1871
22 more not listed; retrieve them via the Exa API.