Bleecker v. Ballou
New York Supreme Court
Demurrer to declaration. The plaintiff declared in covenant, for that he, together with several other persons, on the 10 th November, 1806, executed an indenture of lease to the defendant of a lot in the village of Utica, for a term commencing in July, 1808, and ending in January, 1829, reserving an annual rent; that by the indenture of lease, the defendant covenanted, at his own proper costs and charges, to bear, pay and discharge all taxes, charges and impositions, which…
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Demurrer to declaration. The plaintiff declared in covenant, for that he, together with several other persons, on the 10 th November, 1806, executed an indenture of lease to the defendant of a lot in the village of Utica, for a term commencing in July, 1808, and ending in January, 1829, reserving an annual rent; that by the indenture of lease, the defendant covenanted, at his own proper costs and charges, to bear, pay and discharge all taxes, charges and impositions, which should be taxed, charged, imposed or assessed 'upon the de1mised premises, or any part thereof; that in 1809, the…
1Opinion of the Court
*266 By the Court,
Savage, C. J.
Had there beert no
decjsions 0f courts upon similar covenants, I should think b clear that the parties intended precisely what the language °*" contract imports ; that the lessee ran the risk of all taxes, charges and impositions. These are not words without meaning; nor can I suppose that they were used as synonymous. They import that the landlord was to receive his rent, and during the term, was to be subject to no expense on account of the demised premises. Such is the language of this court in the case of The Corporation of New-York v. Cushman, (10 Johns. Rep,…
2Cited by31 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
- Bellinger v. CraigueNew York Supreme Court · 1860
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