McIntosh v. Lown
New York Supreme Court
APPEAL from a judgment dismissing the complaint, directed at the trial before a justice of this court, without a jury. The plaintiff alleged, in his complaint, that on or about the 17th day of November, 1857, by an instrument in writing dated that day, duly executed by the said plaintiff, and the defendants, under each of their respective hands and seals, he, the plaintiff, duly leased to them, and they, the defendants, duly hired and rented of him certain of said…
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APPEAL from a judgment dismissing the complaint, directed at the trial before a justice of this court, without a jury. The plaintiff alleged, in his complaint, that on or about the 17th day of November, 1857, by an instrument in writing dated that day, duly executed by the said plaintiff, and the defendants, under each of their respective hands and seals, he, the plaintiff, duly leased to them, and they, the defendants, duly hired and rented of him certain of said plaintiff’s premises and lands, situated, &c. for and during the term of five years from the 1st day of April, 1858; and in…
1Opinion of the Court
By the Court, Welles, J.
The defendants’ covenant in the lease, “ to keep the buildings and fences in good repair, except natural wear and tear ” bound them to rebuild in case of accidental destruction by fire or otherwise. (Comyn’s Land, and Ten. 185. 3 Black. Com. by Chitty, 229 mar. paging, note. 3 Kent’s Com. 467, 468 marg. pag. Chitty on Cont. 7th Am. ed. 735. Woodall’s Land, and Ten. 326. Warner v. Hitchins, 5 Barb. 666. Beach v. Crain, 2 Comst. 86-93. Bullock v. Dommitt, 6 T. R. 650. Proprietors of Brecknock and Abergaveny Can. Nav. Co. v. Pritch*555ard et al, Id. 751.) And numerous other…
2Cases cited4 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Guernsey v. CarverNew York Supreme Court · 1832
- Phillips v. BericicNew York Supreme Court · 1819
- Warner v. HitchinsNew York Supreme Court · 1849
3Cited by15 opinions
- Whitaker v. HawleySupreme Court of Kansas · 1883
- Moody v. LeverichNew York Court of Common Pleas · 1873
- Goldberg v. Eastern Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Sampson v. GroganSupreme Court of Rhode Island · 1899
- Jex v. JacobNew York Supreme Court · 1879
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