Keeler v. Davis
The Superior Court of New York City
Case upon a general verdict, rendered for the plaintiff, subject to the opinion of the court, on the questions of law reserved, to be argued, in the first instance, at the General Term, and judgment, in the mean time, to be suspended.
Read the full summary
Case upon a general verdict, rendered for the plaintiff, subject to the opinion of the court, on the questions of law reserved, to be argued, in the first instance, at the General Term, and judgment, in the mean time, to be suspended. The plaintiff, on the 1st of May, 1851, gave a lease to the defendant, Oliver Davis, of certain lots of ground, on the west side of avenue B, in the city of New York, for the period of ten years, from the said 1st of May, 1851, at an annual rent of four hundred dollars, payable quarterly, on the first days of May, August, November, and February, of each year.…
1Opinion of the CourtBy the Court. Slosson, J.
It seems to me that the finding of the jury, in favor of the plaintiff; upon the question, whether, at the time of the payment of the rent on the 1st of February, 1853, he knew that the lease had been assigned to Hannah Davis, must be conclusive. If the plaintiff did not know of the assignment when he received the rent, he certainly did not, by receiving it, waive his right to insist on the condition. But the defendant contends that, though it may be true, that he did not know of the assignment at the time he received the rent, yet it does not follow but that he consented, or had previously…
2Cases cited1 opinion
- Root v. StuyvesantNew York Supreme Court · 1837
3Cited by4 opinions
- Silva v. CampbellCalifornia Supreme Court · 1890
- Hosford v. . BallardNew York Court of Appeals · 1868
- Martin v. . RectorNew York Court of Appeals · 1890
- Eitel v. BrackenThe Superior Court of New York City · 1874