1 Lock. Rev. Cas. 307

Stone v. Matthews, 7 Hill, 428.

la S. Ct. 1 Hill, 565.

Landlord and Tenant; Right of Distress on Property of Boarder in Boarding-House.

In this case the Supreme Court held that where the property of a boarder at a boarding-house, was not in the possession of such lodger or boarder, but in the possession and actual use of the tenant of the boarding-house, by the owner’s permission, and without the consent of the landlord, the property was not exempt from distress.

But the Court of Errors held, that the judgment was erroneous, and a resolution was offered and passed on the reversal, as follows : “ Resolved, that property of boarders at taverns and boarding-houses, is not liable to distress for rent although such property is not in their possession, but in the *308possession and actual use of the tenant, by their permission, and without the consent of the landlord.”

This resolution was adopted by a vote of 15 to 7.

95= The question arose under the statute 2 R. S. 413, 2d Ed. § 15, which excepts from distress the property of boarders at taverns and boarding-houses. The Supreme Court held that this exception embraced only the “ property in use by him as a boarder.”

Stone v. Matthews
1 Lock. Rev. Cas. 307

Case Details

Name
Stone v. Matthews
Decision Date
Jan 1, 1970
Citations

1 Lock. Rev. Cas. 307

Jurisdiction
New York

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