Jones v. Clark
New York Supreme Court
IN ERROR, to the Court of Common Pleas, or Mayor’s Court of Albany. The defendants in error brought an action of assumpsit against the plaintiff in error, in the Court below, to recover one quarter’s. rent of a house and lot, formei’ly owned by Gilbert Stewart, due August 1, 1821. The defendant pleaded the general issue.
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IN ERROR, to the Court of Common Pleas, or Mayor’s Court of Albany. The defendants in error brought an action of assumpsit against the plaintiff in error, in the Court below, to recover one quarter’s. rent of a house and lot, formei’ly owned by Gilbert Stewart, due August 1, 1821. The defendant pleaded the general issue. At the trial, the plaintiffs gave in evidence a written lease of the premise?, from them to the defendant and Maltby Hotoel, for one year, ending May 1, 1821, for the rent of 400 dollars, payable quarterly. M. Howel, a witness for the plaintiff, testified, that the defendant…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the Court. The points made by the comisel for the plaintiff in error, are, 1. That there was no sufficient evidence that Jones held under Clark and Stewart.
2. That Bowel was an incompetent witness.
3. That the matters shown by the defendant below, were a complete defence.
The first and second points may, at once, be disposed of. There was complete evidence of the hiring of the premises, *61by Jones, for the second year. Howel was a competent witness to show that he had no beneficial interest in the expired lease, though the fact itself was no wise material.…
2Cited by10 opinions
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