Hallett v. Wylie
New York Supreme Court
THIS was an action of debt for one year’s rent, due. the 1st May', 1805. The defendant pleaded nil debeU The cause was tried before Mr. Justice Livingston, at the Ncw-Tork sittings, in December, 1806. Upon the trial, the plaintiff produced a deed or “ memorandum for alease, between Elizabeth Hallett and Henry Wylie, merchant, of the city of New-Tork, made and entered into the 26th of February, 1804,” by which the plaintiff agreed to let on lease to the defendant, for the…
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THIS was an action of debt for one year’s rent, due. the 1st May', 1805. The defendant pleaded nil debeU The cause was tried before Mr. Justice Livingston, at the Ncw-Tork sittings, in December, 1806. Upon the trial, the plaintiff produced a deed or “ memorandum for alease, between Elizabeth Hallett and Henry Wylie, merchant, of the city of New-Tork, made and entered into the 26th of February, 1804,” by which the plaintiff agreed to let on lease to the defendant, for the term of four years from the first day of May, then next, the house, &c. for 260/. per annum, payable quarter-yearly, the…
1Opinion of the CourtVan Ness, J.
This is a hard case upon the defendant; and if the, court could, consistently with settled and established principles, relieve him against the payment of the rent in question, we should most willingly do it. But it cannot be done, without overturning a series of decisions, to which this court is bound to conform. We sit here “ jus dare” not jus facere.” We think it may safely be said, that there is not a case in the books, where the destruction of the demised premises by fire, has been held to excuse the tenant from the payment of the rent on an express covenant; but, in every case, where a…
2Cited by28 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Warner v. HitchinsNew York Supreme Court · 1849
- Strong v. SkinnerNew York Supreme Court · 1848
- Harrington v. WatsonOregon Supreme Court · 1883
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