Majority
p. 494Fowler M. Ray v. Frederick A. Ayers, and another. (Before Hoffman, Slosson and Woodkvff, J.J.) April, 1856.
Headnote
A landlord, in whom the reversion in fee is vested, may bring an action against the tenant during the term, for an injury committed by the tenant to the freehold. Judgment, overruling demurrer, affirmed, with costs.Appeal from a judgment at Special Term, overruling a demurrer to the 5th subdivision of the complaint.
The action was brought by the plaintiff, as landlord and owner in fee, of certain premises in the city of New York, leased by him to the defendants, chiefly, for the recovery of arrears of rent alleged to be due. The 5th subdivision of the complaint, however, set forth a distinct cause of action, in the following words:
“Fifth. The plaintiff further shows that whilst defendants occupied said plaintiff’s premises aforesaid, they broke from the windows of said premises nineteen lights of glass, and that said glass was worth the price, or sum, of eight cents per light.”
To this subdivision the defendants demurred, as not containing facts sufficient to constitute a cause of action.
J. Darlington, for defendants, appellants.
Hearne & Warren, for plaintiff, respondent.
The order at Special Term, overruling the demurrer, must be affirmed, with costs.
It has long been settled law that the reversioner may maintain an action on the case, for an injury to the freehold, committed by the tenant, and that the action may be brought before the expiration of the term. (14 East. 489.)
p. 495
The count, or subdivision, demurred to, is inartiflcially drawn, but, taken in connection with other averments in the complaint, contains, in substance, a good cause of action.
Order affirmed, with costs.