Coon v. Brickett
Superior Court of New Hampshire
If a lease contain a condition for the re-entry of the lessor on non-payment of rent; and, after a formal re-entry for non-payment, the rent in arrear is paid and accepted, the forfeiture is waived. yVhether rent, when secured by note, must he demanded on the land, before the lessor can re-enter for its non-payment ? gu.
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If a lease contain a condition for the re-entry of the lessor on non-payment of rent; and, after a formal re-entry for non-payment, the rent in arrear is paid and accepted, the forfeiture is waived. yVhether rent, when secured by note, must he demanded on the land, before the lessor can re-enter for its non-payment ? gu. This was trespass quart clausum, for that the defendant, on the 9th of September, 1818, entered a certain close in Haverhill, and carried awaj a quantity of garden vegetables, which, with the close, were alleged to be the property of the plaintiff. At the trial here, in May,…
1Opinion of the CourtWoodbury, J.
It is somewhat questionable, whether such a demand was made for the rent in this case as would entitle the plaintiff to enter for condition broken. The niceties required in making such a demand are, at common law. numerous. 2 Maul. & Selw. 526.— 1 Saund. 237, note 16.—Co. Litt. 201-2.—7 D. & E. 119.—Doug. 485— 11 John. 1.—[17 John. 66, Jackson vs. Harrison, 18 John. 447.]
But however that may be, on the other point it is well settled, that after a knowledge of condition broken, and before a re-entry, an acceptance of the rent in arrear is a waiver of the forfeiture, and an admission that the…
2Cases cited3 opinions
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
- Jackson ex dem. Van Rensselaer v. CollinsNew York Supreme Court · 1814
- Remsen v. ConklinNew York Supreme Court · 1821
3Cited by4 opinions
- M'Murphy v. MinotSuperior Court of New Hampshire · 1827
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888
- State v. Fourth N. H. TurnpikeSuperior Court of New Hampshire · 1844
- Ucci v. ManciniSupreme Court of Rhode Island · 1975