Cram v. Dresser
The Superior Court of New York City
Covenant for one quarter’s rent, $150, reserved in a lease of a dwelling house. Plea, non est factum, and notice of set-off, and other special matter, as hereafter stated.
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Covenant for one quarter’s rent, $150, reserved in a lease of a dwelling house. Plea, non est factum, and notice of set-off, and other special matter, as hereafter stated. At the trial, before Oakley, Ch. J., in April last, the plaintiff proved and read in evidence, a lease of the house from him to the defendant, dated March 13th, 1844, for one year from May 1st, 1844, at the yearly rent of $550. Among other provisions in the indenture of lease, was the following: “ And it is further agreed, that the said party of the first part, or any person or persons by his orders, shall be permitted to…
1Opinion of the CourtBy the Court. Sandford, J.
There is no difficulty as to the amount of the rent reserved by the agreement of February 18th, 1846. Although it speaks of the within lease, and that made in the preceding year was not within the paper, but was indorsed upon it; the whole instrument shows that both were referred to. The lease was to be extended ; which language was appropriate only to an existing lease. If the first lease alone had been in view, the expression would have been “ revived,” or something equivalent. The existing lease which was to be extended, consisted of the two instruments of March, 1844, andjSeptember, 1845,…
2Cases cited2 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
3Cited by9 opinions
- Keegan v. KinnareIllinois Supreme Court · 1887
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
- Slayback v. JonesIndiana Supreme Court · 1857
- Franklin Building Co. v. FinnAppellate Division of the Supreme Court of the State of New York · 1914
- Lyon v. BryantAppellate Court of Illinois · 1894
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