Ray v. Ayers

Decided April 15, 1856

The Superior Court of New York City · decided 1856-04-15

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.

Decided 1856-04-15

By the Court. Slosson, J.

¶1The order at Special Term, overruling the demurrer, must be affirmed, with costs.

¶2It 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.)

¶3 *495The 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.

¶4Order affirmed, with costs.