Coogan v. Parker
Supreme Court of South Carolina
Before CARPENTER, J., at Charleston, June Term, 1869. Writ of error by the defendant below to the Circuit Court. The action was covenant on a lease brought by Benjamin J. Parker and Elizabeth A., liis wife, executrix of William Greer, deceased, plaintiffs below, against Patrick J. Coogan, defendant below. The following is a copy of the lease: STATE OF SOUTH CAROLINA, Charleston District.
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Before CARPENTER, J., at Charleston, June Term, 1869. Writ of error by the defendant below to the Circuit Court. The action was covenant on a lease brought by Benjamin J. Parker and Elizabeth A., liis wife, executrix of William Greer, deceased, plaintiffs below, against Patrick J. Coogan, defendant below. The following is a copy of the lease: STATE OF SOUTH CAROLINA, Charleston District. This indenture made between William Greer, of the first part, and P. J. Coogan, of the second part, showeth that I, William Greer, of the first part, do hereby lease unto the said P. J. Coo-gan, of the second…
1Opinion of the Court
The opinion of tho Court was delivered by
Willakd, A. J.
It is important, before considering the question peculiar to the present case, to ascertain the state of the law of South Carolina as to the liability of a tenant for years to pay rent after the destruction of the subject-matter of the lease, from causes beyond his control. This question will be looked at apart from the effect of the covenants usually found in such leases, other than the covenant to pay rent.
It has been considered that Bayley vs. Lawrence, (1 Bay, 499,) and Ripley vs. Wightman, (4 McC., 447,) have introduced into this…
2Cases cited4 opinions
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Graves v. . BerdanNew York Court of Appeals · 1863
- Hallett v. WylieNew York Supreme Court · 1808
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
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