Harbeck v. Sylvester
New York Supreme Court
Error from the Albany mayor’s court. Harbeck sued Sylvester and Cammeyer on a guaranty, endorsed on a lease executed by G. A. Lansing to W. Johnson, bearing date 28th January, 1828, demising certain premises in the city of Albany for the term of three years from the 1st May, 1828, with leave to the lessee to extend the term to five years, subject to an annual rent of $250, payable quarterly.
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Error from the Albany mayor’s court. Harbeck sued Sylvester and Cammeyer on a guaranty, endorsed on a lease executed by G. A. Lansing to W. Johnson, bearing date 28th January, 1828, demising certain premises in the city of Albany for the term of three years from the 1st May, 1828, with leave to the lessee to extend the term to five years, subject to an annual rent of $250, payable quarterly. On the day of the date of the lease, the defendants, under their hands and seals, executed a guaranty, endorsed on the lease, whereby they agreed with the lessor to fulfil, in case of failure by the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is conceded by the plaintiff’s counsel, that previ .us to the revised statutes, this action could not have been sustained; but he insists that the suit in its present form is authorized by those statutes.
The section relied on, or so muclrof it as relates to this case, is in substance as follows: The grantees of any demised lands, rents, or of the reversion thereof, shall have the same remedies by entry, action, distress, or otherwise, for the non-performance of any agreement contained in the lease so assigned, or for the recovery of any rent, as their grantor had…
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