Dale v. Cooke
New York Court of Chancery
THE bill stated that the plaintiffs, together with Robert L. Livingston and Edward P. Livingston, on the 29th of April, 1817, leased to the defendant, certain lands in the city of Jersey, for one year, paying to the lessors the yearly rent of 1U0 dollars, in half yearly payments, with liberty to the defendant to extend the term for four years after the expiration of the first year, which he elected to do, subject to the same rent.
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THE bill stated that the plaintiffs, together with Robert L. Livingston and Edward P. Livingston, on the 29th of April, 1817, leased to the defendant, certain lands in the city of Jersey, for one year, paying to the lessors the yearly rent of 1U0 dollars, in half yearly payments, with liberty to the defendant to extend the term for four years after the expiration of the first year, which he elected to do, subject to the same rent. That the defendant entered, and is now in possession, and hath paid no rent; so that, on the 1st day of November last, there was due 1,500 dollars. That the…
1Opinion of the Court
The Chancellor.
There is no sufficient ground for a set-off stated in this bill. The defendant has recovered a judgment at law against the plaintiffs, as executors of Robert Fulton, deceased, and now they ask for the interference of this court to enable them to set off against that judgment, rent due to them and the Livingstons, upon a lease of lands made by them and the Livingstons, to the defendant, since the death of Fulton. It does not appear from the bill, that the lands, so leased, belonged to their testator, or that they executed the lease in their representative character, as…
2Cases cited1 opinion
- Duncan v. LyonNew York Court of Chancery · 1818
3Cited by21 opinions
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- Carter v. ComptonIndiana Supreme Court · 1881
- Root v. TaylorNew York Supreme Court · 1822
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