Coffin v. . Talman
New York Court of Appeals
This action was brought in the supreme court by the ‘plaintiff as assignee of Gideon P. Hewett, against the defendant as assignee of the Poughkeepsie Silk Company, to compel the performance of covenants contained in a lease from the Poughkeepsie Silk Company to Hewett.
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This action was brought in the supreme court by the ‘plaintiff as assignee of Gideon P. Hewett, against the defendant as assignee of the Poughkeepsie Silk Company, to compel the performance of covenants contained in a lease from the Poughkeepsie Silk Company to Hewett. On the first of May, 1836, the Poughkeepsie Silk Company, by indenture, leased certain real estate in the village of Poughkeepsie to Hewett for ten years, at an annual rent of three hundred dollars, with the privilege of renewing the lease for a further term of ten years if the parties should mutually agree and fix the rent.…
1Opinion of the CourtJohnson, J.
If this is to be regarded as an action of covenant, or if the right of the plaintiff stands upon the same footing as it would in such an action, then, I think, .he can not recover.
The covenant of the Poughkeepsie Silk Company, in terms binds them, their successors and assigns, to purchase and receive from the party of the second part (Gideon P. Hewitt,) all and any improvements which shall be put and placed on the premises by tite party of the second part during the term. This covenant is to operate in case the parties can not agree upon the rent, for a new term, under a covenant which…
2Cases cited3 opinions
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
3Cited by13 opinions
- Sheldon v. Village of KalamazooMichigan Supreme Court · 1872
- Gardner v. SamuelsCalifornia Supreme Court · 1897
- Bailey v. RichardsonCalifornia Supreme Court · 1885
- 810 West End Avenue, Inc. v. FrankelAppellate Terms of the Supreme Court of New York · 1920
- Plaza Investment Co. v. AbelMichigan Court of Appeals · 1993
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