Dunlop v. James
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederic T. James, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of May, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 7th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
In April, 1890, the Rector, Church Wardens and Vestrymen of Trinity Church leased for the term of twenty-one years certain real estate in the city of New York to Peck, Stow & Wilcox Company. The lease contained a covenant to the effect that the lessee and its assigns would pay the rent stipulated ■ and also the taxes assessed upon the premises during the life of the lease, and also provided for a re-entry by the lessor in case of a failure to make these payments.
By mesne assignments the lease .was acquired by the defendant in this action, who took the same subject to the “…
2Cases cited1 opinion
- Sayles v. KerrAppellate Division of the Supreme Court of the State of New York · 1896