Legal Opinion
Johnson v. Barg
New York Court of Common Pleas
Decided May 17, 1894PublishedCited by 3 opinions
Appeal from trial term. Action by Augusta A. Johnson against John Barg for rent, under a letting from month to month; the rent payable in advance on the 1st of each month. There was a judgment in favor of defendant, and plaintiff appeals. Reversed.
1Per curiam
Assuming that an eviction on November 20th was proved, it constituted no defense to an action for rent payable on the 1st of that month. Giles v. Comstock, 4 N. Y. 270; O’Brien v. Smith (Sup.) 13 N. Y. Supp. 408; Rice v. Bliss, 66 How. Pr. 189. The judgment must therefore be reversed, and a new trial ordered, with costs to the appellant.
2Cases cited3 opinions
- Giles v. . ComstockNew York Court of Appeals · 1850
- O'Brien v. SmithNew York Supreme Court · 1891
- Rice v. BlissCity of New York Municipal Court · 1883
3Cited by3 opinions
- Stein v. RiceAppellate Terms of the Supreme Court of New York · 1898
- Copeland v. LuttgenAppellate Terms of the Supreme Court of New York · 1896
- Manning v. FerrierAppellate Terms of the Supreme Court of New York · 1899