Jackson ex dem. Lewis v. Schutz
New York Supreme Court
EJECTMENT for a farm in Rhinebeck, in the county of Dutchess, tried before Mr. Justice Yates, at the Dutchess circuit, in September, 1816. A verdict was taken for the plaintiff, by consent, subject to the opinion of the Court, on a case containing the following facts: The lessors proved their title, by a deed dated the 5th of January, 1790, from Margaret Livingston, widow of Robert R. Livingston, to Gertrude, the wife of the lessor, Morgan Lewis.
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EJECTMENT for a farm in Rhinebeck, in the county of Dutchess, tried before Mr. Justice Yates, at the Dutchess circuit, in September, 1816. A verdict was taken for the plaintiff, by consent, subject to the opinion of the Court, on a case containing the following facts: The lessors proved their title, by a deed dated the 5th of January, 1790, from Margaret Livingston, widow of Robert R. Livingston, to Gertrude, the wife of the lessor, Morgan Lewis. Tlie defendant gave m evidence a lease .dated November 21st, 1805, from the lessors of the plaintiff to John G. Hester, by which the lessors, in…
1Opinion of the CourtPlatt, J.
It was proved that Hester, the lessee, by an endorsement on the original lease, assigned the premises to one David Wager, on the 1st day of September, 1812, without license ; and without offering pre-emption to the lessors ; and without paying one tenth of the price of such assignment.
An attempt was made to prove by the subsequent receipt ef rents, that the forfeiture had been waived: but that ground *184of defence failed ; because there was no evidence that the lessors were then conusant of the assignment. We are, therefore, compelled to decide upon the validity and effect of the covenant before…
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