Majority
p. 728(8 Misc. Rep 307.) JOHNSON v. BARG. (Common Pleas of New York City and County, General Term. May 17, 1894.) Argued before BOOKSTAVER, BISCHOFF, and PRYOR, JJ.
Headnote
Landlord and Tenant—Rent—Eviction of Tenant.Eviction of a tenant is no defense to an action for rent which was due at the time of eviction.
Appeal from trial term.
Action by Augusta A. Johnson against John Barg for rent, under a letting from month to month; the rent payable in advance on the 1st of each month. There was a judgment in favor of defendant, and plaintiff appeals. Reversed.
A. B. Carrington, for appellant.
Assuming that an eviction on November 20th was proved, it constituted no defense to an action for rent payable on the 1st of that month. Giles v. Comstock, 4 N. Y. 270 ; O’Brien v. Smith (Sup.) 13 N. Y. Supp. 408 ; Rice v. Bliss, 66 How. Pr. 189 . The judgment must therefore be reversed, and a new trial ordered, with costs to the appellant.
Cases cited
- Giles v. Comstock 4 N. Y. 270 p. 728