¶1Assuming 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.
28 N.Y.S. 728
Johnson v. Barg
New York Court of Common Pleas
Decided May 17, 1894
New York Court of Common Pleas · decided 1894-05-17
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.
Relies on Giles v. . Comstock · Rice v. Bliss
Decided 1894-05-17