Hyperlawhypertext legal database Johnson v. Barg 59 N.Y. St. Rep. 280

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Johnson v. Barg

59 N.Y. St. Rep. 280 Court N.Y.C.P. Decision date 1894-05-17 English

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p. 280
Augusta A. Johnson, App’lt, v. John Barg, Resp’t.
(New York Common Pleas, General Term,
Filed May 17, 1894.)

Headnote

Lease—Rent—Eviction.
An eviction constitutes no defense to an action for rent payable prior thereto.
A B. Carington for app’It; No one appearing in opposition.

Assuming that an eviction on November 20th,. was proved, it constituted no defence to an action for rent payable on the 1st of that month. Giles v. Comstock, 4 N. Y. 270 ; O'Brien v. Smith. 37 St. Rep. 41 ; 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

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