Main v. Feathers
New York Supreme Court
DEMURRER to complaint. The action was for arrears of rent, reserved in and by a lease in fee, from Stephen Van Rensselaer to John Chamberlin; in which lease there was a covenant that the lessee and his heirs, representatives and assigns, would forever pay to the lessor, his heirs or assigns, the rent, from year to year ; and that for non-payment, the lessor, Ms heirs, &c. might distrain, re-enter, &c.
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DEMURRER to complaint. The action was for arrears of rent, reserved in and by a lease in fee, from Stephen Van Rensselaer to John Chamberlin; in which lease there was a covenant that the lessee and his heirs, representatives and assigns, would forever pay to the lessor, his heirs or assigns, the rent, from year to year ; and that for non-payment, the lessor, Ms heirs, &c. might distrain, re-enter, &c. The plaintiff was (by mesne assignments) assignee of the lessor ; and the defendant was (by mesne assignments) assignee of the lessee, in part, and occupied a part of the premises leased.
1Opinion of the CourtGould, J.
For the defendant it was claimed, (among other things,) that there having been in the lessor, after he executed the lease, no reversion, there was no estate remaining to him; and so there was no privity of estate between the lessor and the lessee, and could be none between their 'respective assignees, and this action could not lie. That under our present law, where there is no reversion in the lessor, the rent is a rent-seck, and the lessor’s only remedy for it is an action on the covenant against the covenantor, personally ; or, which is the same point, that this covenant to pay rent, (it…
2Cases cited4 opinions
- Childs v. ClarkNew York Court of Chancery · 1848
- Van Rensselaer v. BradleyNew York Supreme Court · 1846
- Payn v. BealNew York Supreme Court · 1847
- Graves v. PorterNew York Supreme Court · 1852
3Cited by5 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Jordan v. Indianapolis Water Co.Indiana Supreme Court · 1902
- Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
- Tyler v. HeidornNew York Supreme Court · 1866
- Van Rensselaer v. HaysNew York Court of Appeals · 1859