Shear v. Healy

Henman, J.:

This action was instituted in the Supreme Court to recover $400 rent due January 1, 1923, under a certain lease of property, known as the Crown Hotel, located in the city of Schenectady. This lease was for a term of ten years from July 1, 1916, and provided for payment of rent on the first day of each and every month in advance. The defendant by his answer admits all the allegations of the complaint except that he owes the rent in question and sets forth under separate defenses that he has paid the rent for the month of January, 1923, by reason of the plaintiff's having on deposit…