Lynde v. Hough
New York Supreme Court
APPEAL from a judgment of the city court of Brooklyn. The plaintiff, being on the 7th day of February, 1853, the owner in fee simple of the lot, house and premises known as Ho. 2 Clark street, in the city of Brooklyn, let and rented the same to Edward C. Hough, for three years from the 1st of May, 1853. In the agreement was the following clause: “ The premises are not to he used or occupied for any business deemed extra hazardous, on account of fire, nor shall the same or…
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APPEAL from a judgment of the city court of Brooklyn. The plaintiff, being on the 7th day of February, 1853, the owner in fee simple of the lot, house and premises known as Ho. 2 Clark street, in the city of Brooklyn, let and rented the same to Edward C. Hough, for three years from the 1st of May, 1853. In the agreement was the following clause: “ The premises are not to he used or occupied for any business deemed extra hazardous, on account of fire, nor shall the same or any part thereof, be let or under-let without the written consent of the landlord, under the penalty of forfeiture and…
1Opinion of the Court
By the Court, Emott, J.
The lease and counterpart com tain provisions in regard to letting or underletting which are substantially identical. In the instrument signed by the lessor the phraseology is, the premises shall not “ be let or underlet without the written consent of the landlord, under the penalty of forfeiture and damages.” In the counterpart signed by the lessee he “ engages not to let or underlet the whole or any-part of said premises without the written consent of the landlord, under the penalty of forfeiture and damages.”
The appellants contend that these words do not make a…
2Cases cited2 opinions
- Jackson ex rel. Stevens v. SilvernailNew York Supreme Court · 1818
- Livingston v. SticklesNew York Court of Chancery · 1840
3Cited by11 opinions
- Randol v. ScottCalifornia Supreme Court · 1895
- Lynch v. JosephAppellate Division of the Supreme Court of the State of New York · 1930
- Voris v. RenshawIllinois Supreme Court · 1867
- Morris v. Chesapeake & O. S. S. Co.District Court, S.D. New York · 1903
- Murdock v. FishelNew York Supreme Court · 1910
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