Executors of Van Rensselaer v. Executors of Platner
New York Supreme Court
This was an action of covenant. By an indenture, made the 12th January, 1774, John Tan Rensselaer granted and demised to Jacob Plainer, his heirs and assigns, a farm in Claverack, in the county of Columbia, to have and to hold, &c. unto the said Jacob Platner, his heirs, executors, administrators and assigns, forever, yielding and paying, &c., and the grantee for himself, his heirs, executors and administrators, covenanted to pay the rent.
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This was an action of covenant. By an indenture, made the 12th January, 1774, John Tan Rensselaer granted and demised to Jacob Plainer, his heirs and assigns, a farm in Claverack, in the county of Columbia, to have and to hold, &c. unto the said Jacob Platner, his heirs, executors, administrators and assigns, forever, yielding and paying, &c., and the grantee for himself, his heirs, executors and administrators, covenanted to pay the rent. Platner died in 1775, and Tan Rensselaer on 22d February, 1783, having made his will on the 20th February, 1783. The present suit was by the executors of…
1Opinion of the CourtRadcliff, J.
This is an action of covenant, for rent due to the testator of the plaintiffs, which accrued on an estate in fee, subsequent to the death of the defendants’ testator. A motion has been made in arrest of judgment, on two grounds.
1st. That the plaintiffs have claimed and recovered rent, which accrued subsequent to the death of their testator.
2d. That the recovery is for rent which accrued subsequent to the death of the defendants' testator.
*As to the first, there is no doubt, that where, in an action of covenant, or in any action sounding in damages, the plaintiff claims more damages than on…
2Cases cited8 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Tennant's v. GraySupreme Court of Virginia · 1817
- Dean v. DeanMassachusetts Supreme Judicial Court · 1807
- McIntire v. ClarkNew York Supreme Court · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Excelsior Electric Co. v. SweetSupreme Court of New Jersey · 1896
- Van Rensselaer v. . ReadNew York Court of Appeals · 1863
- Holford v. CroweSupreme Court of Minnesota · 1917
- Jones v. VanzandtU.S. Circuit Court for the District of Ohio · 1843
- Kerr v. MartinHawaii Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.