Russell v. Fabyan
Superior Court of New Hampshire
Covenant broken, upon a lease for rent. The lease was executed January 28,1847, and was for the Mount Washington House and farm, situated in Carroll, in the county of Coos, for the term of five years, commencing March 20, 1847, and ending March 20, 1852. The rent was to be paid annually, on the first day of September in each year, and was to be $800 a year for the first two years, and $1000 a year for the remaining three years.
Read the full summary
Covenant broken, upon a lease for rent. The lease was executed January 28,1847, and was for the Mount Washington House and farm, situated in Carroll, in the county of Coos, for the term of five years, commencing March 20, 1847, and ending March 20, 1852. The rent was to be paid annually, on the first day of September in each year, and was to be $800 a year for the first two years, and $1000 a year for the remaining three years. This action was brought to recover the rent which, by the terms of the lease, fell due on the first day of September, 1850. The execution of the lease, and the entry…
1Opinion of the CourtEastman, J.
It appears by the case that the defendant took of the plaintiff a lease of the premises for which rent is claimed, on the 28th day of January, 1847. The lease was to run for five years from the 20th of March, 1847, and the rent was to be paid annually, on the first day of September, in each year. It appears, also, that the defendant entered under the lease, and was in possession of the premises during the time for which payment was sought; this action being brought for the rent which fell due September 1,1850.
The defence to the action is, that after the entry by the defendant in March, 1847,…
2Cases cited9 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Loomis v. BedelSuperior Court of New Hampshire · 1840
- Heath v. WilliamsSupreme Judicial Court of Maine · 1845
- Lansing v. Van AlstyneNew York Supreme Court · 1829
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Echo Consulting Services, Inc. v. North Conway BankSupreme Court of New Hampshire · 1995
- Van Hooijdonk v. LangleySupreme Court of New Hampshire · 1971