Port v. Jackson
New York Supreme Court
THIS was an action of covenant. The declaration stated, that Thomas Barlow, on the 19th oí May, 1791, being possess-et* °f a term years of a lot of laud, in Manchester, in England, of which term 1690 years and upwards remained unex-P*recf % indenture of demise, between him and the plaintiff and three others, did grant, bargain, sell, and assign unto the Pontiff, his executors, &.C., the same lot or piece of land, &c., for the term of 1600 years, thence next ensuing, at the…
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THIS was an action of covenant. The declaration stated, that Thomas Barlow, on the 19th oí May, 1791, being possess-et* °f a term years of a lot of laud, in Manchester, in England, of which term 1690 years and upwards remained unex-P*recf % indenture of demise, between him and the plaintiff and three others, did grant, bargain, sell, and assign unto the Pontiff, his executors, &.C., the same lot or piece of land, &c., for the term of 1600 years, thence next ensuing, at the yearly rent °^" i-:;- lawful money of Great Britain, in four equal payments, to wit, on every 29th day of September, 25th…
1Opinion of the CourtV rN Ness, J.
The fifth plea being admitted to be bad, the first question is, whether or not the fourth plea can be supported ? The facts stated in that plea, are, that before any of the rent, reserved in the lease, fell due, the defendant had duly assigned all his interest in the demised premises to Graham, and that Barlote, the lessor, had accepted Graham as his tenant. The validity of this plea depends upon the construction to be given to the defendant’s covenant contained in the assignment to him by the plaintiff, and the nature and extent of the obligation which that covenant created. It is…
2Cited by43 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
- Churchill v. HuntNew York Supreme Court · 1846
- Stout v. FolgerSupreme Court of Iowa · 1871
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