Thompson v. Rose
New York Supreme Court
Covenant ; tried .at the Dutchess circuit, December 6th, 1826, before Betts, late O. Judge. " ' ' , The declaration was, upon a lease under seal, dated AuSust ^^12, by which the defendant demised a farm to the plaintiff for the term of 10 years from the 1st of May, ^ „ rtA‘x, - - " v 1813, at .a rent ox 20,dollars; and he covenanted to pay *^6 plaintiff, at the expiration of the term, for such buiídings as he might erect during the term for the accpmmodati011 an4 PPfsuit of…
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Covenant ; tried .at the Dutchess circuit, December 6th, 1826, before Betts, late O. Judge. " ' ' , The declaration was, upon a lease under seal, dated AuSust ^^12, by which the defendant demised a farm to the plaintiff for the term of 10 years from the 1st of May, ^ „ rtA‘x, - - " v 1813, at .a rent ox 20,dollars; and he covenanted to pay *^6 plaintiff, at the expiration of the term, for such buiídings as he might erect during the term for the accpmmodati011 an4 PPfsuit of his business, the value tobe fixed by men to be chosen by the parties, who mutually bound themselves v ii. ■ - / / v * ■…
1Opinion of the Court
Curia, per Sutherland, J.
The issues joined between the parties, were, first, whether Benjamin Harcourt was the owner of the lease, and was entitled, by virtue of the assignment to him, to receive compensation for the buildings and improvements erected ánd made upon the demised premises, &c. 2. Whether the defendant had notice of the assignment of the lease to Eichard Harcourt before the release from Thompson.
Upon the first point, it is clear that all the interest of Thompson in the leased premises, not only his right to the unexpired term, but also to compensation for the improvements, passed…
2Cited by15 opinions
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- Noyes v. . PhillipsNew York Court of Appeals · 1875
- Bailey v. RichardsonCalifornia Supreme Court · 1885
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