Post v. . Kearney
New York Court of Appeals
In 1799, John Watts "demised to John Ellis certain premises situated in the city of New York, for the term of twenty-one years, and by another agreement, made in June, 1821, the lease was continued for twenty years longer. In the lease Ellis covenanted to pay all rates, taxes and assessments, for which the premises should be liable, rated, or assessed.
Read the full summary
In 1799, John Watts "demised to John Ellis certain premises situated in the city of New York, for the term of twenty-one years, and by another agreement, made in June, 1821, the lease was continued for twenty years longer. In the lease Ellis covenanted to pay all rates, taxes and assessments, for which the premises should be liable, rated, or assessed. In October, 1821, the lessee assigned the lease to John Ellis, jun. and John R. Thomas, and they, in 1822, mortgaged the premises (referring to the lease) to the W ashington Insurance Company, and that company foreclosed in 1830, by suit in…
1Opinion of the CourtGardiner, J.
The defendant contends, 1st. That the covenant in the original lease to pay assessments did not run with the land. It is obvious that this covenant affected the value, and, in this case, the mode of enjoying the demised property. It was more than a covenant collateral to the land, and was, therefore, assignable. (Taylor’s Land & Ten. 128; 5 Coke, 25; 17 Wend. 148; 5 Id. 615.) That the defendant was as signee in fact, distinctly appears from the recital in the lease executed by him to Collins Shepherd, of the premises in question. 2d. The lease between the parties last mentipned is in the…
2Cited by32 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Collins v. . HasbrouckNew York Court of Appeals · 1874
- Davidson v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1924
- Marble v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1927
27 more not listed; retrieve them via the Exa API.