Hope v. Eddington — 1 Hill & Den. 43

Majority

p. 43

Hope vs. Eddington.

Headnote

What amounts to an eviction of tenant, so as to discharge his surety from payment of rent 1^[1]

Error from superior court, New York, where the cause was by certiorari from the marine court, where Hope sued

p. 44

Eddington as surety for one Golding, and declared against him in covenant that Golding should pay the rent, viz., $300, of house and store No. 36, viz., rent on lease for nine months, viz., from August 1st, 1841, to May 1st, 1842, or so much as should remain unpaid, overing that $50 were in arrear. Plea, eviction. Defendant proved that Golding left, having been expelled by an officer under the influence of Hope, and that one Lewis was put in possession as Hope’s tenant, September. 15th, 1841, who continued in possession. The alleged ground of ordering Golding off was that he kept a disorderly house. Eddington, the defendant, was also instrumental in getting Golding away, Hope promising if he would effect it to forgive him his obligation to pay as surety. There was judgment in the marine court for the defendant, and this was affirmed by the superior court.

By the Court,

The marine court was clearly warranted by the evidence in finding an eviction.

Judgment affirmed.