Hornbrooks v. Lucas
West Virginia Supreme Court
GREEN, Judoe, furnishes the following statement of the ease: Theodora L. Hornbrook and Charles P. Hornbrook owned certain real estate in the city of "Wheeling, Ohio county, West Virginia, which they rented to C. Y. Lucas for the year ending April 1, 1888, for the sum of nine hundred dollars, payable quarterly.
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GREEN, Judoe, furnishes the following statement of the ease: Theodora L. Hornbrook and Charles P. Hornbrook owned certain real estate in the city of "Wheeling, Ohio county, West Virginia, which they rented to C. Y. Lucas for the year ending April 1, 1888, for the sum of nine hundred dollars, payable quarterly. The two hundred and twenty-five dollars due January 1, 1883, not being paid Lucas gave and the TIornbrooks received on February 25, 1883, for the quarter’s rent due January 1,1888, a negotiable note payable sixty days after date and negotiable at the Exchange bank of Wheeling.’ This…
1Opinion of the Court
Green, Judge:
The only question really involved in this case is: Can a landlord, who either before or after rent is due takes from his tenant a negotiable note for the rent payable on time,before this negotiable note becomes due, distrain his tenant for the rent? The counsel for the defendant in error in argument insists, that the tenant Lucas in this case committed a fraud on his landlords, when he induced them on the 7th day of April, 1883, to take his negotiable note payable at a future time for the rent due on April 1, 1883. But the evidence as certified in the bill of exceptions by the…
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