Doyle v. Lord
The Superior Court of New York City
Appeal from a judgment. In July, 1870, Ann Gillett (the owner) leased to the plaintiff “all that store on the first floor, known as Ho. 85 Forsyth street, in the city of Hew York, to be occupied by them as a dry goods store, with the appurtenances, for the term of five years from May 1, 1871.” The lease contains a covenant of peaceable and quiet enjoyment. The width of the store was twenty-five feet, and its depth fifty-one feet.
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Appeal from a judgment. In July, 1870, Ann Gillett (the owner) leased to the plaintiff “all that store on the first floor, known as Ho. 85 Forsyth street, in the city of Hew York, to be occupied by them as a dry goods store, with the appurtenances, for the term of five years from May 1, 1871.” The lease contains a covenant of peaceable and quiet enjoyment. The width of the store was twenty-five feet, and its depth fifty-one feet. There was an open space in the Tear nineteen feet deep and of the width of the store. Under some parol agreement between the lessor and the plaintiffs, the lessor,…
1Opinion of the Court
The following opinion was delivered at special term :
Freedman, J.
Plaintiffs’ claim to relief rests wholly upon the lease by Ann Grillett of the store on the first floor of Ho. 85 Forsyth street.
This lease did not carry with it an implied covenant against the obstruction of the windows in the rear of the store. The statute (1 Rev. Stat., Edm. Ed, 689, § 140) is explicit that no covenant shall be implied in any conveyance of real estate—and a lease is a conveyance within the definition of that term contained in the statute. The only exception that has ever been recognized by the courts is that…
2Cases cited18 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Lampman v. . MilksNew York Court of Appeals · 1860
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
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