Winship v. Pitts
New York Court of Chancery
In February, 1830, the complainant leased to the defendant a house and lot, at the corner of Rivington street and the Bowery, in the city of New-York, for the term of eight years from the first of May thereafter. The lease contained • only the usual covenants to pay the rent, taxes and assessments, and to deliver up the possession of the premises at the end of the time, in good tenantable repair, &c.
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In February, 1830, the complainant leased to the defendant a house and lot, at the corner of Rivington street and the Bowery, in the city of New-York, for the term of eight years from the first of May thereafter. The lease contained • only the usual covenants to pay the rent, taxes and assessments, and to deliver up the possession of the premises at the end of the time, in good tenantable repair, &c. At the time of the execution of the lease, there was a dwelling house upon that part of the lot which fronts upon the Bowery, the lower room of which was fitted up and occupied as a druggist…
1Opinion of the Court
The Chancellor.
After an application had been made to the vice chancellor in open court, and been denied by him, it would have been irregular to bring the same question before the chancellor during the pendency of that suit, except by way of appeal. The nature of the application in this case, however, was not such as to render an appeal absolutely necessary ; but the complainant was at liberty to discontinue that suit, on payment of the costs which had accrued therein, and to file a new bill before the chancellor. As the affidavits on the part of the defendant do not state that the former suit…
2Cited by25 opinions
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Kidd v. DennisonNew York Supreme Court · 1849
- Rice v. . CulverNew York Court of Appeals · 1902
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Andrews v. Day Button Co.New York Court of Appeals · 1892
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