Ernst v. . Crosby
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 16,1892, which affirmed a judgment in favor of defendant entered upon the report of a referee. Said referee was appointed to hear and determine a claim for the rent of certain premises presented by plaintiff to the executors of John Mowatt, deceased, and rejected by them. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 16,1892, which affirmed a judgment in favor of defendant entered upon the report of a referee. Said referee was appointed to hear and determine a claim for the rent of certain premises presented by plaintiff to the executors of John Mowatt, deceased, and rejected by them. The facts, so far as material, are stated in the opinion. This action is upon the covenants of a lease. To invalidate the lease or defeat the claim for rent, it must be shown to have been in its…
1Opinion of the CourtGray, J.
As a defense to the claim for rent against the estate in his hands, the executor asserted the invalidity of the lease, for having been made by the lessor for an unlawful pur pose. The evidence showed that the house had been used and occupied by the Clarks for purposes of prostitution. Mowatt, the defendant’s testator, had, probably, been the lessee of the premises under a lease from the original owner, McGinn. It is true that the evidence does not absolutely show this; but it is sufficient to justify the inference of the fact, and of the further fact that Mowatt sustained close relations with…
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