Legal Opinion

Heert v. Cruger

New York Court of Common Pleas

Decided December 2, 1895PublishedCited by 4 opinions

Appeal from equity term. Action by Henry H. Heert and another against Stephen V. R. Cruger to reform a lease. There was a judgment in favor of plaintiffs, and defendant appeals. Modified.

1Opinion of the CourtPryor, J.

Proposing a lease for 10 years, the landlord demanded security for the entire term. The intending lessee replied that, if security for that period were insisted upon, the negotiation might as well be abandoned. Eventually it was agreed between the parties that the lessee might furnish sureties for two years only. *1064Upon this condition the plaintiffs consented orally to become sureties tor payment of the rent and performance of the covenants of the lease. Invited to execute the security agreement, plaintiffs objected that it did not contain the two-years limitation; to which the lessor answered…

2Cases cited10 opinions

  1. Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  2. Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
  3. Tenney v. . BergerNew York Court of Appeals · 1883
  4. Haviland v. . WilletsNew York Court of Appeals · 1894
  5. Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883

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3Cited by4 opinions

  1. Morris v. MorrisNew York Supreme Court · 1930
  2. Island Paper Co. v. Carthage Timber Corp.New York Supreme Court · 1926
  3. Bradshaw v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
  4. Morris v. MorrisNew York Supreme Court · 1930

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