Peck v. . Ingersoll
New York Court of Appeals
Appeal from the general term of the Court of Common Pleas of the city and county of New York, where a judgment had been entered upon a verdict in favor of the defendants. This was an action to recover three quarters’ rent, which accrued in 1847, upon a lease from the plaintiffs to the defendants, of the first floor and cellar of the store No. 230 Pearl street, in the city of New York.
Read the full summary
Appeal from the general term of the Court of Common Pleas of the city and county of New York, where a judgment had been entered upon a verdict in favor of the defendants. This was an action to recover three quarters’ rent, which accrued in 1847, upon a lease from the plaintiffs to the defendants, of the first floor and cellar of the store No. 230 Pearl street, in the city of New York. The rent reserved was $800 per annum, payable quarterly ; one quarters’ rent, it was admitted, had been paid to the plaintiffs. It was shown on the.trial, that Mary E. Dunscombe, the owner of the premises, had…
1Opinion of the CourtGabdineb, J.
The original lease between Mrs. Dunscombe and the plaintiffs contained a covenant of reentry on the non-payment of rent by the lessees, for ten days after it fell due. The jury have found that the ground-rent was due to Mrs. Dunscombe, by the defendants, the lessees’ tenants; and the only question of any importance, is, whether they were justified in making such payment, and entitled to have the amount applied in discharge of their rent due to the plaintiffs.
It has .been frequently decided, upon the most obvious principles of justice, that if an under-tenant be compelled to pay rent to the…
2Cited by16 opinions
- Backus v. WestOregon Supreme Court · 1922
- Matter of StrasburgerNew York Court of Appeals · 1892
- Addis v. AddisNew York Supreme Court · 1891
- Blank v. La Montagne, Chapman Co.New York Supreme Court · 1924
- F.W. Woolworth Co. v. RiceNew Jersey Court of Chancery · 1933
11 more not listed; retrieve them via the Exa API.