Bailey v. Jackson
New York Supreme Court
THIS was an action of covenant on an indenture of lease, The cause was tried before Mr. J. Van Ness, at the Ren5 selaer circuit, in July, 1818. ’ J The declaration set forth a lease dated the 28th of Au-gust, 1792, from the plaintiff to the defendant, of a certain piece of land, for the term of one thousand five hundred and fifty years, at the yearly rent of 12 pounds, 15 shillings an(l 6 pence, lawful money of Great Britain, payable quarforty) and the breach assigned was,…
Read the full summary
THIS was an action of covenant on an indenture of lease, The cause was tried before Mr. J. Van Ness, at the Ren5 selaer circuit, in July, 1818. ’ J The declaration set forth a lease dated the 28th of Au-gust, 1792, from the plaintiff to the defendant, of a certain piece of land, for the term of one thousand five hundred and fifty years, at the yearly rent of 12 pounds, 15 shillings an(l 6 pence, lawful money of Great Britain, payable quarforty) and the breach assigned was, that on the 25th of Decem^eri (one °f the quarter days,) in the year 1794, the sum 0f 28 pounds, 14 shillings and 10…
1Opinion of the Court
Spencer, Ch; J. delivered the opinion of the Court.
It is conceded that the rent demanded in this action having been created by deed, of which the commencement is shown, is not within the statute of limitations; and the only point is, whether payment of the rent can be presumed from the lapse of time ? The last quarter’s rent became due on the 25th of December, 1794.
The presumption of payment, founded on the efflux of tíme, has been applied to bonds, and even mortgages; and there is no reason to exempt a lease, reserving a pecuniary rent, from the operation of the rule. The general period for…
2Cases cited1 opinion
- Higginson v. MeinSupreme Court of the United States · 1808
3Cited by8 opinions
- Nathan v. Equitable Trust Co.New York Court of Appeals · 1929
- Frets v. FretsNew York Supreme Court · 1823
- Fellers v. LeeNew York Supreme Court · 1848
- Allen v. EverlyOhio Supreme Court · 1873
- Clark v. ClementSupreme Court of New Hampshire · 1856
3 more not listed; retrieve them via the Exa API.