Stuyvesant v. Davis
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit refusing to dissolve an injunction, upon the matter of the bill only. The complainant in 1836 leased to the defendant, by separate leases, five lots in the city of New-York, for the term of twenty years, at a rent of $200 each for three of the lots, and of $100 each for the other two lots, payable semi-annually on the first of May and November.
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This was an appeal from a decision of the vice chancellor of the first circuit refusing to dissolve an injunction, upon the matter of the bill only. The complainant in 1836 leased to the defendant, by separate leases, five lots in the city of New-York, for the term of twenty years, at a rent of $200 each for three of the lots, and of $100 each for the other two lots, payable semi-annually on the first of May and November. And the lessee covenanted to pay the rents reserved in the leases respectively, and all taxes and assessments, ordinary and extraordinary. The performance of these covenants…
1Opinion of the Court
The Chancellor.
If there was any equity in the complainant’s bill in other respects, the allegation that there is no sufficient distress on the demised premises to pay the arrears of rent is not sworn to in such a manner as to authorize the issuing of an injunction. This was a fact susceptible of positive proof, by resorting to the ordinary mode of testing it by an actual distress. Again, it was not necessary that there should be sufficient to pay the whole rent due for the five lots. For as the lots were leased separately, if there was a sufficient distress on either to pay the arrears of…
2Cited by30 opinions
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- Guffy v. HukillWest Virginia Supreme Court · 1890
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Conger v. . DuryeeNew York Court of Appeals · 1882
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