Selig v. McCarthy

The plaintiffs, who were the owners of premises which had been occupied by the defendant as tenant at will, have brought suit to recover $28 as rent for the month of April, 1931. The case was tried on an agreed statement of facts before a judge of the District Court. He denied certain of the plaintiffs’ requests for rulings and reported his action for the determination of the Appellate Division which entered the order “Report Dismissed.” The plaintiffs appealed from that order to this court.

Under the contract of letting the rent was due and payable on the first day of each month, in arrears.…