Whitaker v. Hawley
Supreme Court of Kansas
Error from Leavenworth District Court. ACTION brought by Whitaker against Hawley and others, ■for $275, rent claimed for November, 1880. Trial by the court, at the March Term, 1881, and judgment for the defendants for costs. The plaintiff brings the case to this court. The opinion states the facts. 1. Upon a covenant in a lease of land and buildings for a term of years to pay rent, the rent may be recovered after a destruction of the premises leased, by accidental fire.
Read the full summary
Error from Leavenworth District Court. ACTION brought by Whitaker against Hawley and others, ■for $275, rent claimed for November, 1880. Trial by the court, at the March Term, 1881, and judgment for the defendants for costs. The plaintiff brings the case to this court. The opinion states the facts. 1. Upon a covenant in a lease of land and buildings for a term of years to pay rent, the rent may be recovered after a destruction of the premises leased, by accidental fire. (6 Mass. 63; 16 id. 238; 7 Wall. 416; 72 Pa. St. 285; 39 Cal. 151; 10 Ohio, 412; 4 N. Y. 126; 3 Johns., 44; Taylor’s…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a lease, in which the’ defense was the destruction of the property leased, by fire. Judgment was entered in the district court in favor of the defendants, and the plaintiff alleges. error. The lease was in writing, and was as follows:
“It is hereby agreed between Joseph Whitaker, of the county of Leavenworth and state of Kansas, of the first part, and John W. Dever, general superintendent of the Leavenworth syrup and sugar refinery, of the county of New York and state of New York, party of the second part, as follows:…
2Cases cited12 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Sheets v. SeldenSupreme Court of the United States · 1869
- Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Graves v. . BerdanNew York Court of Appeals · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Publix Theatres Corp. v. PowellTexas Supreme Court · 1934
- Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
- Whitaker v. HawleySupreme Court of Kansas · 1883
- Cooper v. SeavernsSupreme Court of Kansas · 1909
- Harrington v. WatsonOregon Supreme Court · 1883
17 more not listed; retrieve them via the Exa API.