Warner v. Hitchins
New York Supreme Court
On the 15th day of May, 1844, the plaintiff, by an agreement not under seal, leased to the defendants a tannery, with its appurtenances, in the village of Loekport; the term to commence on the first day of September, 1844, and to end on the first day of September, 1847. The lease contained, on the part of the defendants, an express agreement to pay the rent, and not to assign without the plaintiff’s consent, and also a clause in the following words: " And also at the…
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On the 15th day of May, 1844, the plaintiff, by an agreement not under seal, leased to the defendants a tannery, with its appurtenances, in the village of Loekport; the term to commence on the first day of September, 1844, and to end on the first day of September, 1847. The lease contained, on the part of the defendants, an express agreement to pay the rent, and not to assign without the plaintiff’s consent, and also a clause in the following words: " And also at the expiration of the lease to surrender up the possession of the said premises, in the same condition the same now are, natural…
1Opinion of the CourtSill, J.
The most important question in this case arises upon the stipulation in the lease, by Avhich the defendants bound themselves at the expiration of the lease to surrender up possession of the premises in the same condition they were in at the time of making the lease, natural wear and tear excepted. Except in one case in the court of appeals of Virginia, I can find no direct adjudication upon this precise question. Substantially the same point was presented to our su*668preme court, in the case of Cook v. The Champlain Transportation Company, (1 Denio, 91;) but that case passed off upon another…
2Cases cited8 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Beebe v. JohnsonNew York Supreme Court · 1838
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Hallett v. WylieNew York Supreme Court · 1808
- Town of Royalton v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1842
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3Cited by26 opinions
- Philadelphia Indemnity Insurance Company, A/S/O Mirsan, L.P., D/B/A Sienna Ridge Apartments v. Carmen A. WhiteTexas Supreme Court · 2016
- Fuchs Murane v. GoeWyoming Supreme Court · 1945
- Warren v. WagnerSupreme Court of Alabama · 1883
- Howeth v. AndersonTexas Supreme Court · 1860
- Cowan v. Radford Iron Co.Supreme Court of Virginia · 1887
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