Tate v. Neary
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Tate, as receiver of the Round Island Park, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 26th day of October, 1899, upon the dismissal of the complaint by direction of the court after a trial at the Jefferson Trial Term.
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Appeal by the plaintiff, Joseph Tate, as receiver of the Round Island Park, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 26th day of October, 1899, upon the dismissal of the complaint by direction of the court after a trial at the Jefferson Trial Term. The Round Island Park Company was a domestic corporation of which the plaintiff was the receiver at the time of the commence ment of this action. The said corporation, on the 28th day of September, 1880, leased to one John G. Harbottle lot Ho. 329 of its…
1Opinion of the Court
Spring, J.:
The proof is clear that the assessments of the five per centum on -the original value of each lot assigned to defendant were made con-iormably to the rules and regulations of said association, and that-proper notice thereof was received by the defendant.
The original agreement expressly covenanted that the manner of ■paying rent by the lessee Was to meet the assessments which were limited to five per centum of the value of each lot as fixed and •determined by the association in 1879. This was, therefore, a covenant to pay rent and hence ran with the land. (Bedford v. Terhune, 30 N.…
2Cases cited8 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- Wing v. . Ansonia Clock Co.New York Court of Appeals · 1886
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3Cited by5 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Lynch v. JosephAppellate Division of the Supreme Court of the State of New York · 1930
- Stone v. AuerbachAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of SuderovNew York Surrogate's Court · 1934
- Moore v. Cincinnati Mining Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1922