Roe v. . Conway
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of New York in favor of defendants, entered upon an order overruling plaintiffs’ exceptions and directing judgment on a verdict. This action was brought to recover damages for an alleged breach by defendants of a covenant in a lease.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of New York in favor of defendants, entered upon an order overruling plaintiffs’ exceptions and directing judgment on a verdict. This action was brought to recover damages for an alleged breach by defendants of a covenant in a lease. The lease in question, which was under seal, was executed by plaintiffs, as lessors, who leased to defendants certain premises in New York for the term of ten years, for a specified rent, payable in monthly installments. The lessees aside from the rent reserved covenanted…
1Opinion of the CourtMiller, J.
The taxes and repairs for which the plaintiffs claim to recover, accrued by virtue of a lease under seal, for the term of ten years from the 1st day of May, 1871, under which the lessees took possession and occupied the demised premises. On the 29th day.of March, 1875, the lessors, by an instrument in writing executed by their agent, declared that the lease above mentioned was “ canceled and surrendered as of the 1st day of April, 1875.” • Under this instrument, possession of the premises was taken by the lessors, and they subsequently paid for taxes and for repairs which, according to the…
2Cases cited4 opinions
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Beach v. EndressNew York Supreme Court · 1868
- Healy v. UtlyNew York Supreme Court · 1823
- Rogers v. LyndsNew York Supreme Court · 1835
3Cited by13 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- In Re Cardinal Export Corp.United States Bankruptcy Court, E.D. New York · 1983
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893
- Michaels v. FishelAppellate Division of the Supreme Court of the State of New York · 1900
- Baldwin v. ThibaudeauNew York Court of Common Pleas · 1892
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