Smith v. Niver
New York Supreme Court
This was an action of covenant, to recover for rent due upon a lease executed by the plaintiff to the defendants, for a farm in the town of Schodacb. The term of the lease was three years from the first of April, 1841. The rent was $400 per year, payable in half yearly payments.
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This was an action of covenant, to recover for rent due upon a lease executed by the plaintiff to the defendants, for a farm in the town of Schodacb. The term of the lease was three years from the first of April, 1841. The rent was $400 per year, payable in half yearly payments. The plaintiff claimed a small balance upon the second year’s rent, and the whole of the third year’s rent, except a small amount collected upon a distress warrant which had been issued by the plaintiff against the defendant Rockefeller. The defendant Niver alone defended the suit. He insisted, by way of defence, that…
1Opinion of the Court
By the Court, Harris, P. J.
I think the proof sufficiently establishes the fact that there was an agreement between the parties to the lease, that at the end of the second year Niver should be discharged, and that Rockefeller alone should become the tenant of the plaintiff, for the remaining year of the term specified in the lease.
The principal question then, is as to the legal effect of this verbal agreement. If the first lease is not to be regarded as having been surrendered, Niver, although he left the premises, with the consent of the plaintiff, has no ground of defence against the action,…
2Cases cited1 opinion
- Schieffelin v. CarpenterNew York Supreme Court · 1836
3Cited by21 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Huling v. RollMissouri Court of Appeals · 1891
- Powell v. JonesIndiana Court of Appeals · 1912
- Donkersley v. LevyMichigan Supreme Court · 1878
- Jones v. BarnesMissouri Court of Appeals · 1891
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