Astor v. Miller
New York Court of Chancery
The complainant, in 1821, leased Yauxhall Garden in the city of New-York, to Timothy Madden for the term of fourteen yearsYrom the .first of May 1825, át a yearly rent of $750. The lease contained the usual covenant for the payment of the rent; and also a covenant that the lessee and his assigns would pay and discharge all such taxes and assessments as might be imposed or rated on the premises or any part thereof, by authority derived from the people of the state of…
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The complainant, in 1821, leased Yauxhall Garden in the city of New-York, to Timothy Madden for the term of fourteen yearsYrom the .first of May 1825, át a yearly rent of $750. The lease contained the usual covenant for the payment of the rent; and also a covenant that the lessee and his assigns would pay and discharge all such taxes and assessments as might be imposed or rated on the premises or any part thereof, by authority derived from the people of the state of New-York, or of the United States, or from the corporation of the city" of New-York. The lease also contained a clause of…
1Opinion of the Court
The Chancellor.
The decree of the late chancellor decides two questions which were not ¡intended to be subject to the re-examination of the master on the reference; and that decision cannot be reviewed here on the exception to the master’s report. In the first place it is declared and decreed that Madden the intestate, by the covenants in the lease, was bound to pay the amount assessed upon Astor’s interest in that part of the premises which had not been taken for opening La Fayette Place ; and that the estate of the intestate was chargeable with the amount of that assessment, to be paid in a…
2Cited by43 opinions
- Olcott v. BynumSupreme Court of the United States · 1873
- Markey v. LangleySupreme Court of the United States · 1876
- Piggot v. MasonNew York Court of Chancery · 1829
- Gimbel v. StolteIndiana Supreme Court · 1877
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
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