Sperry v. Miller
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the eighth circuit, overruling the plea of Henry Miller, one of the defendants, to the complainant’s bill. The complainant brought an action of assumpsit against the defendants for a half year’s rent alleged to be due upon a lease for five years, not under seal, from the complainant to the defendant Samuel Miller. The lease purported to have been signed by S. Miller as the lessee, and by H. Miller as security.
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This was an appeal from an order of the vice chancellor of the eighth circuit, overruling the plea of Henry Miller, one of the defendants, to the complainant’s bill. The complainant brought an action of assumpsit against the defendants for a half year’s rent alleged to be due upon a lease for five years, not under seal, from the complainant to the defendant Samuel Miller. The lease purported to have been signed by S. Miller as the lessee, and by H. Miller as security. The rent was $130 a year, in semi-annual payments, but the first half year’s rent was not payable until the end of the year,…
1Opinion of the Court
The Chancellor.
The plea is defective in form ; as it sets up, as a part of the m.atters of fact which are pleaded in bar to the discovery sought by the bill, the same matters which are stated in the bill itself. The allegation that tire six months’ rent which accrued up to the first of April, 1846, and for which the complainant says he intends to bring an action, had not become due at the time 8. Miller surrendered the residue of the term, on the .second of April in that year, distinctly appears upon the face of the bill itself. If th.c payment of the rent for which an action had already been…
2Cases cited1 opinion
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
3Cited by2 opinions
- Miller v. United States Casualty Co.New Jersey Court of Chancery · 1900
- Corning v. RooseveltNew York Supreme Court · 1890