Legal Opinion

Sherwood v. Harral

Supreme Court of Connecticut

Decided October 15, 1872PublishedCited by 4 opinions

Writ op error to the Court oí Common Pleas of tbe county of Fairfield from tbe judgment of a justice of tbe peace upon a summary process to recover possession of leased premises ; tbe plaintiff in error being tbe defendant in tbe original suit.

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Writ op error to the Court oí Common Pleas of tbe county of Fairfield from tbe judgment of a justice of tbe peace upon a summary process to recover possession of leased premises ; tbe plaintiff in error being tbe defendant in tbe original suit. The lease, which was an indenture under seal, was dated April 1st, 1871, was for the term of five years from that date, and was made by Harral, tbe defendant in error, to one Harty, who on the 24th of July, 1871, assigned his interest to Sherwood, the plaintiff in error. The indenture contained the following covenant and condition : * “ And the said…

1Opinion of the CourtSeymour, J.

The principal question in this case is, whether, upon the facts appearing on the bill of exceptions, the lease became forfeited by the defendant’s breach of covenant to keep the premises properly insured.

The covenant is in substance that the lessee and his assigns will at their own proper cost insure the premises against loss or damage by fire, in companies to be approved by the lessor, and keep them insured during the term for $5000, and pay all premiums of insurance therefor when the same become ■ duo and payable.

It appears from the bill of exceptions that at the date of the lease, April…

2Cited by4 opinions

  1. State v. CrumpConnecticut Appellate Court · 1996
  2. State v. ElijahConnecticut Appellate Court · 1996
  3. Richmond v. KelseyMassachusetts Supreme Judicial Court · 1916
  4. Cadillac Theatre Co. v. FitzgeraldMichigan Supreme Court · 1920

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