Smith v. Moffat
New York Supreme Court
In Egluity. This was a motion to dissolve an injunction. Moffat was the owner of certain premises in the city of New-York, which were held by Smith on a lease for two years, ending on the 1st of May, 1847, with a further term of three years; on condition that if at any time during the last three years the landlord should choose to cancel the lease, he might do so by paying the tenant the fair value of his fixtures and improvements.
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In Egluity. This was a motion to dissolve an injunction. Moffat was the owner of certain premises in the city of New-York, which were held by Smith on a lease for two years, ending on the 1st of May, 1847, with a further term of three years; on condition that if at any time during the last three years the landlord should choose to cancel the lease, he might do so by paying the tenant the fair value of his fixtures and improvements. After the expiration of the first two years, Moffat gave Smith notice that he elected to terminate the lease, tendered the tenant $400 for his fixtures,
1Opinion of the CourtEdmonds, J.
My first impression of this case was very decidedly against the jurisdiction assumed by this court in granting the injunction. But as I was assured that the late court of chancery had, some years since, after argument and deliberation, asserted and exercised the jurisdiction in a similar case,
I have paused over my decision, have carefully examined the authorities, and have consulted my colleagues as to the correctness of my impressions. This was due to the high respectability and the deserved weight of the authority cited to me; though as the case referred to has not been reported, I am led…
2Cases cited3 opinions
- Roach v. CosineNew York Supreme Court · 1832
- Lynde v. NobleNew York Supreme Court · 1822
- Farrington v. MorganNew York Supreme Court · 1838
3Cited by5 opinions
- Marion Township Union Draining Co. v. NorrisIndiana Supreme Court · 1871
- Adams-Flanigan Co. v. Di DonatoAppellate Division of the Supreme Court of the State of New York · 1917
- Davidson v. Mayor of New YorkThe Superior Court of New York City · 1864
- Marry v. JamesNew York Court of Common Pleas · 1869
- Trim v. WilloughbyNew York Supreme Court · 1872