Johnson v. Barg

PER CURIAM. Assuming 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.