amount ex $974. When a greater rate of interest has been Recovery of paid than is allowed by this Title, the person paying it may recover the excess from the person taking it. 1 R. S., 772. ceeding le gal interest. tion of illerenders con. tract void. $975. Every contract by which a lender of money Reserva intentionally takes or reserves to himself therefor gal interest any benefit or advantage whatever, in addition to the rate of interest allowed by this Title, is voidable by the party prejudiced thereby." 1 Intention is an essential element of usury (Marvine v Thomas v. Murray, 34 Barb., 157; Sweet v. Spence, 35 The statute (1 R. S., 772, § 5), declares such contracts $976. A borrower under a usurious contract is entitled to recover from the lender all that he gave to him under the same, without restoring1 or paying anything to the lender. 1 R. S., 772, 773. 2 Laws 1837, ch. 430. usury. $977. A usurious contract may be made valid by cure of an express remission of the usury by the creditor, in good faith, before the debt is due. This provision is new. usury. $978. A loan on lawful interest is not avoided by Subsequent a subsequent agreement to pay usury, but the latter agreement alone is void. Carson v. Ingalls, 33 Barb., 657; Jackson v. Packard, 6 TITLE V. HIRING. CHAPTER I. Hiring in general. Hiring, what. Products of thing. Quiet possession. Degree of care, &c., on CHAPTER I. HIRING IN GENERAL. SECTION 979. Hiring, what. 980. Products of thing. 981. Quiet possession. 982. Degree of care, &c., on part of hirer. 984. Thing let for a particular purpose. 985. When letter may terminate the hiring. 986. When hirer may terminate the hiring. 987. When hiring terminates. 988. When terminated by death, &c., of party. S979. Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time. $980. The products of a thing hired, during the hiring, belong to the hirer. Putnam v. Wyley, 8 Johns., 435. S981. An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same. Vernam v. Smith, 15 N. Y., 327; Story Bailm., § 383. S982. The hirer of a thing must use ordinary part of hirer care for its preservation in safety and in good con dition. injuries, &c. § 983. The hirer of a thing must repair all deterio- Must repair rations or injuries thereto occasioned by his ordinary negligence. 984. When a thing is let for a particular purpose, the hirer must not use it for any other purpose; and if he does, the letter may hold him responsible for its safety during such use, in all events, or may treat the contract as thereby rescinded. This is an established rule as to personal property (Fish $985. The letter of a thing may terminate the hiring, and reclaim the thing, before the end of the term agreed upon : 1. When the hirer uses, or permits a use of the thing hired, in a manner contrary to the agreement of the parties; or, 2. When the hirer does not, within a reasonable time after request, make such repairs as he is bound to make. Thing let ular pur for a partic pose. When letter nate the may termi hiring. $986. The hirer of a thing may terminate the When hirer hiring before the end of the term agreed upon: 1. When the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or, 2. When the greater part of the thing hired, or that part which was, and which the letter had, at the time of the hiring, reason to believe was, the material inducement to the hirer to enter into the contract, perishes from any other cause than the ordinary negligence of the hirer. $987. The hiring of a thing terminates: 1. At the end of the term agreed upon; may terminate the hiring. When hir ing termi nates. When terminated by of party. 2. By the mutual consent of the parties; 3. By the hirer acquiring a title to the thing hired, superior to that of the letter; or, 4. By the destruction of the thing hired. As to subdivision 4, see Graves v. Berdan, 26 N. Y., 498 $988. If the hiring of a thing is terminable at the death, &c., pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases, it is not terminated thereby. Story Bailm., § 419. Apportion. ment of hire S989. When the hiring of a thing is terminated before the time originally agreed upon, the hirer must pay the due proportion of the hire for such use as he has actually made of the thing, unless such use is merely nominal, and of no benefit to him. Modified from Story on Bailm., § 418, 418 a. See Harrington v. Snyder, 3 Barb., 380; George v. Elliott, 2 Hen. & Munf., 5; Dudgeon v. Teass, 9 Mo., 867; Bacot v. Parnell, 2 Bailey, 424; Williams v. Holcombe, 1 N. C. Law, 365; Redding v. Hall, 1 Bibb, 536; Harrison v. Murrell, 5 Monr., 359. Lessor to make dwelling house fit for its purpose. CHAPTER II. HIRING OF REAL PROPERTY. SECTION 990. Lessor to make dwelling house fit for its purpose. 992. Term of hiring when no limit is fixed. 993. Hiring of lodgings for indefinite term. 994. Renewal of lease by lessee's continued possession. 995. Notice to quit. 996. Rent, when payable. 997. Tenant must deliver notice served on him. $990. The lessor of a building intended for the occupation of human beings must put it into a condition fit for that purpose, and must repair all subsequent dilapidations thereof, except such as are mentioned in section 983. This section changes the rule upon this subject to con- S 991. If, within a reasonable time after notice to the lessor of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor. S 992. A hiring of real property, other than lodgings, is presumed to extend to the next day upon which it is the usage of the place to make annual hirings of real property. In the cities of New York and Brooklyn, that day is the first of May. In places where there is no usage on the subject, such a hiring is presumed to be for one year from its commencement. The most of this section is new. So far as relates to S993. A hiring of lodgings for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a weekly rate of rent is presumed to be for one week. In the absence of any agreement respecting the length of time or the rent, the hiring is presumed to be monthly. Code Napoleon, 1758. See Jones v. Mills, 10 C. B., [N. S994. If a lessee of real property remains in possession thereof, after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms |