Gillian v. Norton
The Superior Court of New York City
The complaint alleges a lease to the defendants Norton and Studley, of the first floor and basement of the buildings' Nos. 100 and 102 Liberty street, with a covenant on the part of the lessees to use the premises for the storage and sale of india rubber goods, and that the same should not be used for any purpose deemed extra hazardous, on account of fire ; that they would not assign the lease, or let or underlet the premises without the written cc%$tent of the plaintiffs,…
Read the full summary
The complaint alleges a lease to the defendants Norton and Studley, of the first floor and basement of the buildings' Nos. 100 and 102 Liberty street, with a covenant on the part of the lessees to use the premises for the storage and sale of india rubber goods, and that the same should not be used for any purpose deemed extra hazardous, on account of fire ; that they would not assign the lease, or let or underlet the premises without the written cc%$tent of the plaintiffs, and would yield up the premises at tlm end of the term, in good condition. There was a right to re-enter upon' a breach…
1Opinion of the CourtMonell, J.
The ground or cause of complaint against the defendants Norton and Studley, is a breach of their covenant not to underlet without the permission of the lessors, and not to use the premises for a purpose deemed extra hazardous on account of fire. The covenant not to under-let, was broken by the letting of one of the buildings to Leach Brothers, and of the other to Disbrow. The other covenant was broken by the use the premises let to Disbrow were put to by him, which, it is alleged, is a use deemed extra hazardous.
A lessor cannot have relief in • equity for a breach of a covenant not to…
2Cases cited2 opinions
- De Forest v. ByrneNew York Court of Common Pleas · 1856
- Dodge v. Lambert & GardnerThe Superior Court of New York City · 1858
3Cited by6 opinions
- Doherty v. Monroe Eckstein Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Kraft v. WelchSupreme Court of Iowa · 1901
- Muehlberger v. SchillingNew York Supreme Court · 1888
- Schmidt v. Louis, Inc.New York Supreme Court · 1924
- Rouiaine v. SimpsonAppellate Terms of the Supreme Court of New York · 1903
1 more not listed; retrieve them via the Exa API.