Mills v. Baehr's Executors
New York Supreme Court
Error from the New-York common pleas. This was an action of covenant, for the nonpayment of rent. The premises demised consisted of a lot situate at the corner of Wall and Pearl streets, in the city of New-York, being 20 feet 3 inches on Pearl, and 53 feet 5 inches on Wall street, for the term of eight years, from 1st May, 1830, subject to an annual rent of $3000, payable quarterly.
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Error from the New-York common pleas. This was an action of covenant, for the nonpayment of rent. The premises demised consisted of a lot situate at the corner of Wall and Pearl streets, in the city of New-York, being 20 feet 3 inches on Pearl, and 53 feet 5 inches on Wall street, for the term of eight years, from 1st May, 1830, subject to an annual rent of $3000, payable quarterly. The covenant for payment of the rent contained an exception in these words : “ It being understood that if the premises shall become untenantable by fire or other casualty, that the rent shall cease while they so…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It is apparent from the language of the exception in the covenant to pay the rent, that it does not reach a disturbance'of the premises by the proceedings of the corporation of New-Yorlc, relating to the widening and opening of streets. The term “ other casual, ty,” refers to some fortuitous interruption of the use. This is clear, not only upon the import of the words, but from the connection in which they are found. No casualty has intervened. On the contrary, whatever has taken place, has been in pursuance of established law, and might have been, . and probably…
2Cases cited1 opinion
- Gillespie v. ThomasNew York Supreme Court · 1836
3Cited by4 opinions
- Crystal Spring Distillery Co. v. CoxCourt of Appeals for the Sixth Circuit · 1892
- In re Appointment of Park CommissionersSuperior Court of Buffalo · 1888
- Olson Land Co. v. Alki Park Co.Washington Supreme Court · 1911
- Welles v. CastlesMassachusetts Supreme Judicial Court · 1855