Martin v. Black

Decided February 22, 1842

New York Court of Chancery · decided 1842-02-22

This was an application by John L. Graham, as landlord of premises occupied by the defendant Job L. Black, for payment of ninety-three dollars and seventy-five cents due for rent. ^ ^'stress warrant had been issued on the twenty-eighth day of January, one thousand eight hundred and forty-two, and the goods of the defendant had been levied upon : but it appeared that, on the same day but prior thereto, the defendant had put the receiver in this cause in possession of the…

Relies on Frisbey v. Thayer

Decided 1842-02-22

The Vice-Chancellor :

¶1The recently reported case of Frisbey v. Thayer, 25 Wend. 396, seems perfectly decisive of the present application.

¶2The landlord is not entitled to rent against a creditor of the tenant who obtains the goods and actually removes them from *581the demised premises before the distress-warrant of the landlord is levied. The facts of the present case bring it within this principle, so clearly established by the supreme court in relation to the construction of the statute giving to the landlord a right to follow the goods of his tenant for thirty days after removal.

¶3The prayer of this petition must be denied, with costs to be taxed.