Jackson ex dem. Wuldon v. Harrison
New York Supreme Court
THIS was an action of ejectment, tried before the late chif i‘justice, at the X t w- York sittings, in Dectmher, HIS. The plaintiff g.ne in evidence an indenture of lease, made the 1st <>1 Jinii.
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THIS was an action of ejectment, tried before the late chif i‘justice, at the X t w- York sittings, in Dectmher, HIS. The plaintiff g.ne in evidence an indenture of lease, made the 1st <>1 Jinii. Hid. between the lessor and the defendant, by which the lessor devised to the defendant a lot of ground, with the buildings thereon, in the city of A'< ic- York, for the term of seven years, from the Ht of Muy. then last past, at the annual rent of ¿50 dollars, payable quarterly ; and paying, also, all taxes, assessments, levies, or impositions whatsoever, which shall or may be as.sessed, levied, or…
1Opinion of the CourtVan Ness, J.
The stipulation in the concluding part of the lease, prohibiting the lessee from making alterations in the buildings, rests in covenant merely, and is not made a condition for the breach of which the estate is forfeited. Nor can the lessor of the plaintiff avoid the lease, because one of the buildings was underlet. The condition in the lease is, that the lessor shall not “ assign over, or otherwise part with, this indenture, or the premises thereby leased, or any part thereof, to any person,” áse. These words must be construed to mean an assignment of the premises, or part of them, for the…
2Cited by19 opinions
- Bowman v. FootSupreme Court of Connecticut · 1860
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
- Van Rensselaer v. JewettNew York Supreme Court · 1847
- Chapman v. HarneyMassachusetts Supreme Judicial Court · 1868
- Smith v. WhitbeckOhio Supreme Court · 1862
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