Greton v. . Smith
New York Court of Appeals
The action was for the recovery of rent. It was alleged in the complaint that the defendants had been tenants of the plaintiff for the year ending on the 1st of May, 1854; that they paid the rent np to that time; that by permission of the plaintiff they continued in possession as his tenants until the 1st of May, 1855, and that after that date he resumed possession of the premises; that four hundred dollars,' payable quarterly, was a reasonable sum for such use and…
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The action was for the recovery of rent. It was alleged in the complaint that the defendants had been tenants of the plaintiff for the year ending on the 1st of May, 1854; that they paid the rent np to that time; that by permission of the plaintiff they continued in possession as his tenants until the 1st of May, 1855, and that after that date he resumed possession of the premises; that four hundred dollars,' payable quarterly, was a reasonable sum for such use and occupation, and that the defendants promised to pay that sum to the plaintiff. They denied in the answer that they were the…
1Opinion of the CourtPortee, J.
It is manifest from the evidence that the design of the plaintiff was to practice a fraud upon the defendants. When the aid of the courts is invoked to give effect to a dishonest purpose, the onus is upon the party who seeks interference in his behalf, to show a clear title to the relief he demands. The case disclosed by the record is plain and bald. The plaintiff acquired the control of the premises in question, under a lease for a term of ten years, at a rent of $400 a year. The front rooms were occupied by him, and those in the rear by the defendants. Both were engaged in the same…
2Cases cited3 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Edgerton v. . PageNew York Court of Appeals · 1859
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by12 opinions
- Laughran v. . SmithNew York Court of Appeals · 1878
- McNutt v. HilkinsNew York Supreme Court · 1894
- Huntington v. ParkhurstMichigan Supreme Court · 1891
- Lyon v. CunninghamMassachusetts Supreme Judicial Court · 1884
- Heidelbach v. National Park BankNew York Supreme Court · 1895
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