Lewis v. Payn
New York Supreme Court
This was an action of replevin, tried at the Rensselaer circuit in July, 1828, before the Hon. William A. Duer, then one of the circuit judges. The declaration was in the usual form for taking goods and chattels of the plaintiffs.
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This was an action of replevin, tried at the Rensselaer circuit in July, 1828, before the Hon. William A. Duer, then one of the circuit judges. The declaration was in the usual form for taking goods and chattels of the plaintiffs. The defendant put in two avowries, substantially alike, acknowledging the taking of the goods and chatties as a distress for six months rent in arrear, due 1st October, 1823, on a lease in fee of certain real estate, bearing date 1st April 1818, executed by him to the plaintiffs. The plaintiffs reply non tenure and reins in arrere. On the trial the defendant proved…
1Opinion of the Court
By the Court,
Savage, Ch. J.
When this cause was formerly before the court, (8 Cowen, 71,) we had occasion to consider the effect of a fraudulent alteration of a deed by a party to be benefitted by it, and we then held that such alteration avoids the deed; but as in this case there were two leases executed, both of which were originals, we held that the fraudulent alteration of one deed. did not avoid the other, and that the lessor therefore was entitled, as the case was then presented, to recover the rent due? if any remained unpaid ; and a new trial was accordingly ordered, the jury having…
2Cases cited1 opinion
- Watts v. CoffinNew York Supreme Court · 1814
3Cited by33 opinions
- Corning v. GouldNew York Supreme Court · 1837
- City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
- Etheridge v. OsbornNew York Supreme Court · 1834
- McAlester v. LandersCalifornia Supreme Court · 1886
- Hamilton v. GraybillAppellate Terms of the Supreme Court of New York · 1897
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