Tallman v. . Coffin
New York Court of Appeals
Ejectment, brought in October, 1847, by George E. [135] Tallman against Alexander J. Coffin, to recover certain premises situated in Poughkeepsie, Dutchess county.
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Ejectment, brought in October, 1847, by George E. [135] Tallman against Alexander J. Coffin, to recover certain premises situated in Poughkeepsie, Dutchess county. On the trial in the supreme court in October, 1848, the jury found a special verdict stating the case as follows : On the 1st of Hay, 1836, the Poughkeepsie Silk Company, then being the owners of the premises, leased them for the term of ten years to Gideon P. Hewitt, at an annual rent of $300. The lease contained a covenant for renewal for ten years longer, provided the parties could agree upon the rent; and in case the parties…
1Opinion of the CourtTaylor, J.
Certain principles defining what covenants run
with the land, have been adjudged and fully established ever since the time of Lord Coke. Where the covenant relates to & thing not in esse, but to be done upon the land, demised, the assignee is bound, if named. (Spencer's case, 5 Rep. 16 ; Smith's Leading Cases, I, 22; Roscoe on Actions for Real Property, 438.) To cany a personal obligation over to the assignee, he must, in all cases, where something is to be doné de novo, be expressly named. (Bally v. Wells, Wilmot's Cases, 345; 3 Wils. 27, 28.) If the covenant be annexed to a thing not in esse…
2Cases cited1 opinion
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
3Cited by11 opinions
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Langley v. RossMichigan Supreme Court · 1884
- Martin v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1979
- Ovington Bros. v. HenshawNew York Supreme Court · 1905
- Miami Cooperative Mining Co. v. Cherokee Coal Co.West Virginia Supreme Court · 1924
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