Lathers v. Hunt
New York Court of Common Pleas
Appeal from the eleventh district court. Action for rent by Richard Lathers against Jacob H. Hunt. Defendant had a judgment for costs, and plaintiff appeals. For former report, see 9 H. Y. Supp. 494.
1Opinion of the CourtBookstaver, J.
The action was brought by the plaintiff to recover the sum of $150 due from the defendant for the rent of a certain flat in East Hinety-Third street. The answer practically admitted the rent due, but set up that the defendant, in order to secure its payment, executed to plaintiff a chattel mortgage on certain furniture and carpets then in the flat in question; that the plaintiff afterwards took possession of the same, and used it, and had derived great benefit from such use, while the defendant had suffered damage by reason thereof; and sought to offset or counter-claim the damage against the…
2Cases cited1 opinion
- Lathers v. HuntNew York Court of Common Pleas · 1890
3Cited by2 opinions
- Frank v. BrewerNew York Supreme Court · 1889
- Lathers v. HuntNew York Court of Common Pleas · 1891