
    Augusta A. Johnson, Appellant, v. John Barg, Respondent.
    (New York Common Pleas—General Term,
    May, 1894.)
    An eviction on the twentieth of a month is no defense to an action for rent which accrued on the first of said month.
    Appeal from judgment of a District Court in the city of New York in favor of the defendant.
    Action to recover rent of certain premises for the month of November, 1893, which became due on the first of said month.
    
      A. B. Carrington, for appellant.
    No one appearing in opposition.
   Per Curiam.

Assuming that an eviction on November twentieth was proved, it constituted no defense to an action for rent payable on the first of that month. Giles v. Comstock, 4 N. Y. 270; O’Brien v. Smith, 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.'

Present: Bookstaver, Bischoff and Pryor, JJ.

Judgment reversed and new trial ordered, with costs to appellant.  