Astor v. . L'Amoreux
New York Court of Appeals
This was an action of covenant brought in the supreme court, in 1847, upon a lease of a lot of land in the city of New York, made by Henry Astor, deceased, to William D. Crolius, in which the lessee covenanted to pay certain rents and the taxes upon the lot for twenty years from May 1, 1825. The plaintiff was the devisee of the lessor. The defendant, on the seventh of November, 1830, purchased at a mortgage sale all the estate of the lessee.
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This was an action of covenant brought in the supreme court, in 1847, upon a lease of a lot of land in the city of New York, made by Henry Astor, deceased, to William D. Crolius, in which the lessee covenanted to pay certain rents and the taxes upon the lot for twenty years from May 1, 1825. The plaintiff was the devisee of the lessor. The defendant, on the seventh of November, 1830, purchased at a mortgage sale all the estate of the lessee. All the questions of fact in the pleadings were disposed of by stipulation, excepting one arising upon the sixth plea, in which the defendant insisted…
1Per curiam
The superior court erred in reversing the
judgment recovered at the circuit, and ordering a final judgment for the defendant upon a case made at the trial. It should have ordered a new trial, which was all it was authorized to do.
Judgment reversed and new trial ordered.
2Cited by4 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Guernsey v. . MillerNew York Court of Appeals · 1880
- Astor v. L'AmoreuxNew York Court of Appeals · 1853