Van Rensselaer v. Bradley
New York Supreme Court
Covenant by the devisee of the lessor against an assignee of the lessee,, for rent and services in arrear. The defendant demurred to the second, third and fourth counts of the declaration. The second count stated that on the 24th day of September, 1798, at &c.
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Covenant by the devisee of the lessor against an assignee of the lessee,, for rent and services in arrear. The defendant demurred to the second, third and fourth counts of the declaration. The second count stated that on the 24th day of September, 1798, at &c. Stephen Van Rensselaer in his lifetime by a certain indenture, &c. of which a proferí in curia is made, demised and granted in fee to Joseph Bradley, his heirs and assigns, “ certain premises with the appurtenances particularly described in the said last mentioned indenture, situate in the town of Bern, in the county of Albany“…
1Opinion of the Court
By the Court, Jewett, J.
The first objection to the second count is, that it does not allege that the defendant is the assignee of the whole of the premises demised to the lessee, but only of a part; It is insisted that the defendant, being assignee of but a part, is not liable to the plaintiff in covenant for the non-payment of rent in respect to such part—that such covenant is not divis-. ible, and cannot, therefore, be apportioned. The rent reserved, and to which the covenant of the lessee applies, is strictly a rent service at common law, which was when the tenant held the land by fealty…
2Cases cited2 opinions
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- People v. W. P. HaskinsNew York Supreme Court · 1831
3Cited by20 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- New Amsterdam Casualty Co. v. National Union Fire Insurance Co. of PittsburghNew York Court of Appeals · 1935
- Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848
- Armstrong v. WheelerNew York Supreme Court · 1828
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
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