Beck v. Allison
New York Court of Common Pleas
Appeal by defendant from a judgment entered on the decision of a judge at special term. The action was brought by .the plaintiffs, assignees of a lease of a building owned by the defendant, which had been injured by fire, to compel the specific performance of a covenant in the lease, to repair all damages caused by fire.
Read the full summary
Appeal by defendant from a judgment entered on the decision of a judge at special term. The action was brought by .the plaintiffs, assignees of a lease of a building owned by the defendant, which had been injured by fire, to compel the specific performance of a covenant in the lease, to repair all damages caused by fire. The judge who heard the case at special term found that defendant had covenanted to repair it as alleged in the complaint, and had failed to perform, but declared that in the exercise of a sound discretion he should not be adjudged to perform specifically, but that the…
1Opinion of the Court
By the Coubt.*—Daly, Ch. J.
—This case was an action for equitable relief, and it is so complicated, both as respects the facts and the questions that arise upon them, that it will be necessary to a clear understanding of the points that we have to pass upon to ascertain from the pleadings the exact nature of the case which the plaintiffs presented in their complaint, and the defense which the defendant set up to it, by his answer.
The plaintiffs set forth that they are the equitable assignees of a lease of a house and lot in Yesey street in this city, which *427the defendant in 1864 demised for…
2Cases cited9 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Woodcock v. BennetNew York Supreme Court · 1823
- Barlow v. . ScottNew York Court of Appeals · 1861
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pfister v. WadeCalifornia Supreme Court · 1880
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Saberski v. VeloskyNew York Supreme Court · 1890
- Sabriski v. VeloskiNew York Supreme Court · 1890
- Crane v. McDonaldNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.