Meyer v. Huneke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered on a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered on a verdict. (Reported below, 65 Barb., 304.) This action was brought to recover the last installment alleged to be due upon an agreement made between the parties, dated March 13th, 1866, by which plaintiff agreed to transfer and assign to defendant the lease of certain premises situate in the city of New York, from the 1st May, 1866; the lease expired May 1st, 1867. Plaintiff also agreed to procure a renewal of the lease upon the same terms for…
1Opinion of the CourtRapallo, J.
At the time of the giving of the note for. $1,000, there was no subsisting indebtedness from the plaintiff to the defendant for that sum. The contract of March *41613, 1866, so far as related to that $1,000, still remained executory, and the right of the plaintiff to that sum was contingent upon the renewal of the lease. The contract did not call for the giving of the note, but the note and receipt were a modification of the contract made while it continued executory. By the original contract the defendant covenanted to pay the $1,000 to the plaintiff on the 1st of May, 1867, if the lease should…
2Cases cited3 opinions
- Blade v. NolandNew York Supreme Court · 1834
- Clute v. SmallNew York Supreme Court · 1837
- Trow v. Glen Cove Starch Co.New York Court of Common Pleas · 1863