Carr v. Ellison
New York Supreme Court
Error from the New-York C. P. This was an action of ejectment to recover possession of a house and lot ofland in the city of New-York. On the trial, the plaintiff made out a title in fee to the premises, derived from Thomas Ellison. The defendants claimed under William Corwin. Thomas Ellison being seised in fee of the lot of land in question, demised the same to Corwin for the term of 21 years, from the first day of May, 1793, at a certain yearly rent.
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Error from the New-York C. P. This was an action of ejectment to recover possession of a house and lot ofland in the city of New-York. On the trial, the plaintiff made out a title in fee to the premises, derived from Thomas Ellison. The defendants claimed under William Corwin. Thomas Ellison being seised in fee of the lot of land in question, demised the same to Corwin for the term of 21 years, from the first day of May, 1793, at a certain yearly rent. By the lease, Corwin covenanted that on or before the first day of November, 1793, he would at his own proper cost and charges, erect and…
1Opinion of the Court
By the Court, Bronson, J.
On the construction for which the plaintiffs in error contend, the lessor covenanted in case the value of the buildings was not paid, for a perpetual renewal of the lease : in other words, he agreed to renew the covenant for a renewal, as well as the other covenants contained in the lease. The courts lean against such a construction of the contract as will lead to a perpetuity, and will not infer an agreement for a second renewal from a general provision for a renewal of the lease with similar covenants. Rogers v. Hunter, 6 John. Ch. R. 215. Piggot v. Mason, 1 Paige,…
2Cases cited1 opinion
- Piggot v. MasonNew York Court of Chancery · 1829
3Cited by12 opinions
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Burns v. . City of New YorkNew York Court of Appeals · 1915
- Syms v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
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