The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-24
Marine Court.
BefOre Hon. Judgc Mccarthy.


SUIT FOR HoE-PAyMENr or RENT, ETC., ETC.
SEPT. 23~,cmes Gordon Benneo Charles j. Cogyiu-
This action lease for breaches OF covenants
The defendant admitted the alleged breaches, but claimed
exemption from payment the ground that he had been
evctcd during his term appeared that the promises
mansion house and about forty OF land at Fort
Washpgton--were leased TO the defendant by Roswell
a. Pierce for year from May, 1857 TO May 1855 at
rent Of sI,1G, payable quarterly. The lease contained
covenants ON the part OF the defendant that Pierce and
his assigns might have to said premises at all
times to make repairs and improvements thereon, and
that he {deiendsnt would the premises in good and
husbandikc manner, and keep the same in good
repair at his own expense, and leave the ice house
rehled as when taken, and not to cut allow TO DO
cut any trees on sand premises. It further appeared
that in thc month of July, 1857, the plaintiff pnr-
chased the premises Of said Pierce. The defendant
rented the premises only summer residence, and
about October last nc and his family ceased to reside
the premses he left however, the bulk of his furniture
in the house, his COW in the stable, his plants in the
greenhouse, some sheep upon the grOu nss and in
charge 10 supervise and take OF the premises cattle
and plants on his behaf AMI these were not removed
until tho list OF May After the defendant ami his IA
miy osascd 10 reside on the premises the plaintiff finding
that the ice pond fences and other parts OF tho premises
needed repair and Improvement set on workmen, with
general instruction TO do all that required - BE- done
TO the premises and which he might do under the
Of the lease Tho persons employed To do this
structed and enlarged the ice pond built wall in
lieu Of diapidstsa fence through which the hogs
tered and injured the crops, and did other to i'm
prove the premises including the planting out fruit and
evergreen trees The defendant having left the green
house nnroyided with coal the plaintiff had at his
expo se Supplied coal 10 prevent the plants pershng
during the winter. Upon the premises some
large and highly ornamental hemlock trees, which,
as the witnesses testified, money coud replace;
and the defendant alleged, fceng aggrievad that
the plant woud not purchase the furniture the pre-
mises, permitted his sheep TO 60 at large among thea
honiocks and The other trees planted out by plaintiff,
hfely destroy The latter and ifreparaby inurng the
Il, osks. The lantin had collected, though with
cu ", the rent, until fcbruy-ha falling due the
- of May remaining unpaid. The defendant, however,
mad promises 10 iay II, and never until after the snt
was commenced, denied his Liability. ON the triai. how
cver IL was earnestly sought defeat the plaintiff
the gro,nd that his entry the premises, building the
wall and ice pend &c unauthorz ~ by the terms Of
he lease, anu was such Interference with the dclen
ianrs ben, hcal occupancy Of the premises amounted
to eviction
Al the close Of the evidence and summing up of
sci the Jnege sncencty, bat lorcihy and airly, all
sscd the Jury who retired, AMI after bref absence
= turned with verde for the plaptit for Si37 80 and
interest rom the ist Of May last