Holsman v. De Gray
The Superior Court of New York City
Demurrer to complaint. The plaintiff leased the premises mentioned in the complaint to John T. Bailey & Brothers, by a lease, dated March 1, 1855, for three years, from May 1, 1855, at $1660 per annum, payable quarterly.
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Demurrer to complaint. The plaintiff leased the premises mentioned in the complaint to John T. Bailey & Brothers, by a lease, dated March 1, 1855, for three years, from May 1, 1855, at $1660 per annum, payable quarterly. The lessees entered and continued in possession until August 28, 1857, when they assigned the lease to the defendant, who accepted the same, and immediately thereafter entered into possession and continued therein up to December 5,1857. The quarter’s rent of four hundred and fifteen dollars fell due on November 1, 1857, and the defendant paid on October 29, 1857, on account…
1Opinion of the CourtHoffman, J.
I have examined the following cases : Williams v. Bosanquet (1 Brod. & B., 72); Astor v. Miller (2 Paige, 68); Astor v. L’Amoreanx (4 Sandf., 524); Graves v. Partee (11 Barb., 592); Burnett v. Lynch (5 Barnw. & C., 589); Van Rensselaer v. Bonesteel (24 Barb., 365); Dolph v. White (2 Kern., 296).
I think this proposition is undoubted law, that a covenant to pay rent runs with the land, and binds the assignee of the lease; and that when a covenant to pay rent becomes broken, after an acceptance of an assignment and during actual possession, the assignee is liable precisely as the lessee would…
2Cases cited3 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Van Rensselaer v. BonesteelNew York Supreme Court · 1855
- Graves v. PorterNew York Supreme Court · 1852
3Cited by1 opinion
- Tate v. McCormickNew York Supreme Court · 1880