Piggot v. Mason
New York Court of Chancery
On the first of November, 1802, Joel Evans leased to James Cross a piece of land in the city of New York for the term of twenty years and six months, at a quarter yearly rent. The lessor covenanted with the lessee and his assigns that he or they might, at any time within thirty days after the expiration of the lease, remove from the premises all buildings erected thereon during the said term.
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On the first of November, 1802, Joel Evans leased to James Cross a piece of land in the city of New York for the term of twenty years and six months, at a quarter yearly rent. The lessor covenanted with the lessee and his assigns that he or they might, at any time within thirty days after the expiration of the lease, remove from the premises all buildings erected thereon during the said term. Evans also covenanted with the lessee to renew the lease at the expiration of the term, at a fair valuation, by persons indifferently chosen between the parties. In 1803, all the interest of Cross in the…
1Opinion of the Court
The Chancellor, :—The objection that the covenant to renew contained in the original lease was personal, and did not pass by the assignment of the lease, cannot be sustained. It was a covenant running with the land, and passed to the complainant by the several mesne assignments of the term. It is well settled, even at law, that the *415assignee may recover in Ms own name for a breach, of such a covenant, if the breach was committed after the assignment. (Lamette v. Anderson, 6 Cowen, 302; Withey v. Mumford, 5 id. 137; Kane v. Sanger, 14 John. R. 89; Grescot v. Green, 1 Salk. 199.) And it lies…
2Cases cited2 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1816
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- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- McConnochie v. KerrDistrict Court, S.D. New York · 1881
- Collins v. . HasbrouckNew York Court of Appeals · 1874
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