Lewis v. Lozee
New York Supreme Court
1' Error from the Dutchess common pleas. Lozee sued Lewis in an action on the case for making a distress of his goods, as his landlord, claiming a greater sum to be due to him than was in fact due, to wit the sum of $265 instead of $175 ; and that the plaintiff, to regain possession of his property, was forced and obliged to pay, and did pay, the pretended arrears of rent, together with the costs of the distress, &c. The defendant pleaded non cul.
Read the full summary
1' Error from the Dutchess common pleas. Lozee sued Lewis in an action on the case for making a distress of his goods, as his landlord, claiming a greater sum to be due to him than was in fact due, to wit the sum of $265 instead of $175 ; and that the plaintiff, to regain possession of his property, was forced and obliged to pay, and did pay, the pretended arrears of rent, together with the costs of the distress, &c. The defendant pleaded non cul. On the trial of the cause, it appeared that Lozee was the tenant of Lewis of certain premises, under an indenture óf lease, reserving an annual…
1Opinion of the Court
By the Court,
Sutherland, J.
The receipt given by Armstrong for the note of Lozee and his sureties, shews that the note was received as collateral security only, and not as payment of the rent; for the receipt contained an express stipulation that Lewis should not re-enter or distrain for the rent for sixty days from the date, that being the period which the note had to run. If the note was received by Lewis, as payment or satisfaction of the rent, why the stipulation that he should not re-enter or distrain again for 60 days ? If the rent was paid by the note, he could not re-enter: his only…
2Cases cited1 opinion
- Van Ostrand v. ReedNew York Supreme Court · 1828
3Cited by4 opinions
- Chandler v. WestfallTexas Supreme Court · 1867
- Guild v. Goldsmith, Haber & Co.Supreme Court of Florida · 1860
- Barrett v. KoellaU.S. Circuit Court for the District of Wisconsin · 1857
- Jones v. RobinsonSupreme Court of Arkansas · 1851