Legal Opinion

Livingston v. . Miller

New York Court of Appeals

Decided June 5, 1853PublishedCited by 3 opinions

This was an action brought to recover the rent reserved upon two leases of lands held by the defendant of the plaintiff. One of the leases reserved “ the yearly rent of twenty-six dollars, two days’ riding, and four hens, payable on the first day of January, at the North River, within the county of Columbia, or within lot No. 3, (in which said leased premises are situated,) as the plaintiff should from time to time direct.”

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This was an action brought to recover the rent reserved upon two leases of lands held by the defendant of the plaintiff. One of the leases reserved “ the yearly rent of twenty-six dollars, two days’ riding, and four hens, payable on the first day of January, at the North River, within the county of Columbia, or within lot No. 3, (in which said leased premises are situated,) as the plaintiff should from time to time direct.” The other reserved “the yearly rent of twenty-five bushels of good, clean, merchantable winter wheat, of the first quality, four hens, and two days’ riding, payable on the…

1Opinion of the CourtGardiner, J.

This was an action, so far as regards the questions presented by this bill of exceptions, upon a lease for twenty-six dollars, two days’ riding, and four hens, rent claimed to be due and payable on the 1st of January, 1849. The clause in the lease upon which the principal question arises is as follows: “Yielding and paying therefor, (the.demised premises,) unto the said party of the first part, (the-plaintiff,) yearly and every year, on the first day of January, during the term, at the North River, within the county of Columbia, or within lot No. 3, as the party of the first part shall from…

2Cited by3 opinions

  1. Livingston v. MillerNew York Court of Appeals · 1853
  2. Ludington v. SlausonThe Superior Court of New York City · 1874
  3. Thomas v. Loaners' BankThe Superior Court of New York City · 1875

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