Smart v. . Smart
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon an alleged agreement to pay rent. The facts are sufficiently stated in the opinion. The unexpired term of the lease being more than one year, the agreement to assign the same, not being in writing, is void.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon an alleged agreement to pay rent. The facts are sufficiently stated in the opinion. The unexpired term of the lease being more than one year, the agreement to assign the same, not being in writing, is void. (2 R. S. 134, 135, §§ 6, 8.) The parol stipulation to pay rent, sought to be enforced, is inseparably connected with the agreement to assign; since…
1Opinion of the CourtDanforth, J.
It appeared from undisputed evidence that the plaintiff was lessee from the Messrs. Warren of a store on River street, in the city of Troy, for the term of five years from May 1, 1871, at an annual rent of $1,500, payable quarterly ; that he owned or controlled a one-half interest in the stock of goods in the store; that the defendant at the same time was the owner of a paper mill in that city; that a negotiation between the parties resulted in an agreement that the defendant should sell to the plaintiff the mill and its machinery for $32,500, and receive in payment therefor certain notes and…
2Cases cited4 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Barker v. BucklinNew York Supreme Court · 1846
- Kohler v. . MatlageNew York Court of Appeals · 1878
3Cited by3 opinions
- Murdock v. RobinsonNew York Supreme Court · 1893
- Tighe v. MorrisonNew York Supreme Court · 1886
- Warren Chemical & Manufacturing Co. v. HolbrookNew York Supreme Court · 1887