Lord v. Vreeland
New York Supreme Court
Appeal from an order overruling demurrer, and giving judgment for plaintiff. This action was commenced to recover of the defendant, as executor of Eliza Lewis, and also as executor of Daniel W. Gautier, and also in his individual capacity, damages, by reason of alleged breaches in the covenants set forth in certain leases mentioned in the complaint.
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Appeal from an order overruling demurrer, and giving judgment for plaintiff. This action was commenced to recover of the defendant, as executor of Eliza Lewis, and also as executor of Daniel W. Gautier, and also in his individual capacity, damages, by reason of alleged breaches in the covenants set forth in certain leases mentioned in the complaint. The complaint is fully set forth in our report of the decision at special term (13 Abbotts’ Pr., 195), from which decision the defendants now appealed.
1Opinion of the Court
By the Court.*—Leonard, J.
This is an appeal from an order overruling a demurrer to the complaint.
I. The first objection to the complaint is that the renewal-lease, having been accepted by the plaintiff, constitutes a satisfaction of all the covenants of the original lease.
The objection is not well taken. The renewal-lease satisfies only the covenant to renew. It is no satisfaction of the other covenants.
II. The second objection relates to the liability of Vreeland as executor of Gautier, and individually. The demurrer assumes that the complaint contains two causes of action. In this I think…
2Cited by2 opinions
- Hollingsworth v. Spectator Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Delabarre v. McAlpinNew York Supreme Court · 1902