Berkeley v. Philpotts

The plaintiff here demands an order granting judgment on the pleadings and other relief, in an action for rent on a lease which has therein a clause providing for an item of damage in the sum of thirty dollars if it is necessary to bring an action to recover the rent. The action was started by the service of a summons upon the defendant on November 3, 1942. The rent was paid by check to the order of the plaintiff on November 5, 1942, just two days later, and.the check was cleared through the Corn Exchange Bank & Trust Company (University Branch). A notice of appearance was served on November…