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1 Prentiss v. Kingsley. Error to Com. Pleas 1842

handle is hein.trials/abft0001 and id is 1 raw text is: PRENTISS ) v. Error to Com. Pleas. KINGSLEY. ) This is a writ of error to the judgment of the Court of Common Pleas, on a case stated, in which judgment was entered for the plaintiff below and defendant in error here. It was an appeal by defendant below, from the judgment of a Justice of the Peace, and in the Common Pleas it was agreed as follows: It is agreed that the above case be submitted to the judg- ment of the court upon the following statement of facts, to be considered in the nature of a specialverdict: 1. That on the 28th day of February, 1842, the said de- fendant rented of the plaintiff a certain house belonging to the ,' plaintiff, situate in the City of Brooklyn, and State of New York, upon the terms contained in the following instrument, which was duly executed by the defendant and delivered to the plaintiff: This is to certify that I have hired and taken from Mr. Eleazer Kingsley, his house No. 13, Johnson street, in Brook- lyn, for the term of one year from the first day of May next, at the yearly rent of three hundred dollars, payable quarterly. And I hereby promise to make punctual payment of the rent in manner aforesaid, and quit and surrender the premises at the expiration of the said term in as good state and condition as reasonable use and wear thereof will permit, (damages by the elements excepted,) and engage not to let or underlet the whole or any part of the said premises, or occupy the same for any business deemed extra hazardous on account of fire, without the written consent of the landlord, under the penalty of forfeiture and damages. Gixen under my hand and seal the 28th day of February, 1842. Witness, E. F. PRENTISS. 2. That the defendant took possession of the house and hcld the same, and that on the 1st day of May, 1843, one quarter's rent of the premises described, amounting to seven- ty-five dollars, became due and payable 3. That the defendant filed his petition in the District Court of the United States for the Southern District of New York, praying the benefit of the Bankrupt Law, of 19th August, 1841, on the 2d November, 1842.

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