Farington v. Baley
New York Supreme Court
Error from the Tompkins common pleas. Farrington was sued by Baley in a justice’s court, for not paying over to Baley the amount of rent claimed by him, to be due from a defendant in an execution, whose property was sold by Farrington as a constable. Baley obtained a judgment before the justice, and Farrington appealed to the Tompkins common pleas.
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Error from the Tompkins common pleas. Farrington was sued by Baley in a justice’s court, for not paying over to Baley the amount of rent claimed by him, to be due from a defendant in an execution, whose property was sold by Farrington as a constable. Baley obtained a judgment before the justice, and Farrington appealed to the Tompkins common pleas. On the trial in that, court, it was proved that Baley gave notice of his claim for rent, but did not accompany it with an affidavit of the truth of the claim. There was evidence tending to show that, the production of the affidavit was waived in a…
1Opinion of the Court
By the Court,
Cowen, J.
There was clearly no room for the defendant to show a fraud in the sale of the demised premises. Had he offered to prove that the sale and demise were with a view to defraud creditors, that would have been proper; but for aught that appears, the fraud might have been a matter entirely between the parties to the deed.
The statute requires that an affidavit of the rent due should be furnished to the officer, who is then authorized to raise both the rent and judgment. He is let in as a kind of bailiff to the landlord, and may act very much as he could do under a distress…
2Cited by2 opinions
- Johnson v. County of StarkIllinois Supreme Court · 1860
- Olcott v. FrazierNew York Supreme Court · 1843