Giles v. Betz.
The Superior Court of New York City
Motion to make the complaint more definite and certain. This action was brought by John S. Giles against John F. Betz to recover $831.81. Defendant was surety for Glandee & Torney, tenants of the plaintiff.
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Motion to make the complaint more definite and certain. This action was brought by John S. Giles against John F. Betz to recover $831.81. Defendant was surety for Glandee & Torney, tenants of the plaintiff. The complaint set forth the lease, and that at a certain time the lessees had vacated the premises; that plaintiff, in pursuance of covenants in the lease, entered and relet to other parties ; that these parties had paid only a certain sum, and claimed judgment for the deficiency. The present motion was to require the plaintiff to make his complaint more definite and certain, by setting…
1Opinion of the CourtRobertson, J.
Unless the entry by the plaintiff on the premises was a surrender, he is entitled to recover from the defendant all the back rent due him, except what he may receive from the premises. There was no necessity for the plaintiff to set forth the receipt by him of any money. If he chooses to waive part of his claim, or give the defendant credit for any sums, he has a right to do so; but he is not bound to go further, and show the persons from whom he received the sums. If the defendant needs any information for his defence, he must obtain it in some other way. The Code provides for the mode of…
2Cited by1 opinion
- Candee v. DayingNew York Court of Common Pleas · 1884