Bruce v. . Fulton National Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon a decision of the court, on trial at Special Term, and ordering a new trial. (Mem. of decision below, 16 Hun, 615.) This action was brought to- compel defendant, as lessee of certain premises in the city of New York, to accept a renewal of the lease for a further term.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon a decision of the court, on trial at Special Term, and ordering a new trial. (Mem. of decision below, 16 Hun, 615.) This action was brought to- compel defendant, as lessee of certain premises in the city of New York, to accept a renewal of the lease for a further term. The question was simply as to the construction of the lease, of which the following is a copy: “ This indenture, made the 28th day of February, in the year 1856, between…
1Opinion of the CourtDanforth, J.
There is no foundation for the appellants’ argument. The parties to the agreement bound themselves by express covenants under “ hand and seal,” and the defendant is not shown to have broken any one of them. This conclusion was also reached by the trial court, and by the General Term, but the first rendered judgment for the plaintiff on the ground that, from the words of certain express covenants on the part of the lessor, an additional or correlative covenant on the defendant’s part might be implied, and this may be so if the language used shows clearly that such covenant was intended.…
2Cases cited3 opinions
- Hudson Canal Co. v. Pennsylvania Coal Co.Supreme Court of the United States · 1869
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Piggot v. MasonNew York Court of Chancery · 1829
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- Zorkowski v. . AstorNew York Court of Appeals · 1898
- Berry v. HumphreysWest Virginia Supreme Court · 1915
- Brush v. BeecherMichigan Supreme Court · 1896
- Weil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1890
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