Van Rensselaer v. Jewett
New York Court of Appeals
Appeal from the supreme court, where the action was brought by the executors of the will of Stephen Van Rensselaer, deceased, against Jewett, upon a covenant to pay rent.
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Appeal from the supreme court, where the action was brought by the executors of the will of Stephen Van Rensselaer, deceased, against Jewett, upon a covenant to pay rent. On the trial at the Albany circuit in October, 1844, before Parker, circuit judge, the case was this:—By an indenture dated December 8th, 1813, the said Stephen Van Rensselae. conveyed unto one William Davis, his heirs and assigns, one hundred and eighty-eight acres of land, situated in Guilderland, in the county of Albany, reserving the yearly rent of eighteen bushels of wheat, four fat hens, and one day’s service with…
1Opinion of the CourtBronson, J.
It is unnecessary to inquire what should have been the rule in apportioning the rent; for as the proof stood when the motion for a nonsuit was made, the plaintiff was clearly entitled to recover something, and the motion was therefore properly overruled. The question was not raised in any other form than by the motion for a nonsuit.
The only question is on the allowance of interest. The pay. ment was not to bemade in money, nor was a specified sum to be paid in any other way. The damages were unliquidated ; *140and there was no agreement for interest. As the authorities bearing on the question…
2Cases cited3 opinions
- Lush v. DruseNew York Supreme Court · 1830
- Van Rensselaer v. JonesNew York Supreme Court · 1848
- Van Rensselaer v. Administrators of PlatnerNew York Supreme Court · 1806
3Cited by50 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- Taylor v. State Farm Fire & Casualty Co.Supreme Court of Oklahoma · 1999
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