Hume v. . Hendrickson
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, reversing a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a covenant on the part of Albert Clark, defendant’s testator, hereinafter stated.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, reversing a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a covenant on the part of Albert Clark, defendant’s testator, hereinafter stated. The referee found, substantially, the following facts : On or about the 1st day of May, 1855, one William C. Rhinelander and Mary, his wife, executed to James Hume and William H. Hume, a lease of certain premises in the city of Hew York for the term of twenty-one years from May 1, 1855, at and…
1Opinion of the CourtDanforth, J.
The defendant claims that the lease from William and James Hume to Clark, dated May 1,1858, and the agreement between these parties, dated August 2, 1858, are in pari materia and should be construed together. It is in this aspect that the defendant’s case is the strongest, and while we are not satisfied that it could be sustained upon the evidence or by any just inference from the contents of the papers, we shall, in our examination of the question presented on this appeal, regard the claim as established. At the time of the execution of those instruments, James and William H. Hume were…
2Cases cited1 opinion
- Gilbert v. . WimanNew York Court of Appeals · 1848
3Cited by6 opinions
- Haas v. DudleyOregon Supreme Court · 1897
- MacArthur Brothers Co. v. . KerrNew York Court of Appeals · 1915
- Adams v. SymonNew York Supreme Court · 1889
- Albert v. FreedmanNew York Court of Appeals · 1930
- Maicas v. LeonyCity of New York Municipal Court · 1889
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