Vanderpool v. Smith
New York Court of Common Pleas
Appeal by the defendants from a judgment of the Marine Court at General Term. - The action, was brought to recover the sum of four hundred dollars, with interest, for the rent of "premises on the First Avenuein the city of New York, for the quarter ending November 1,1861. The defence was eviction. A full statement of the facts is given in the opinion.
1Opinion of the Court
By the Court.
Daly, F. J.
The defence set up" by the answer is, that the plaintiff on the 3d of August, 1860, took possession of a one-story frame building, forming part "of the demised premises, and wrongfully prevented the defendants from the enjoyment of it, by withholding from them the possession; inconsequence of which they gave up and removed from the whole df the. premises, and this . defence *312is repeated over some six times, with a slight change in the phraseology, or by changing the position of the words, as if the pleader were desirous of showing the Court in how many different ways he…
2Cases cited1 opinion
- Edgerton v. PageNew York Court of Common Pleas · 1857
3Cited by3 opinions
- Moore v. MansfieldMassachusetts Supreme Judicial Court · 1902
- Cohen v. NewmanAppellate Terms of the Supreme Court of New York · 1915
- Doolittle v. SelkirkNew York Court of Common Pleas · 1894