Giles v. Austin
The Superior Court of New York City
Appeal from a judgment. This case was decided upon the opinion of the learned judge at the special term, before whom the same was tried, and the judgment affirmed.
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Appeal from a judgment. This case was decided upon the opinion of the learned judge at the special term, before whom the same was tried, and the judgment affirmed. The decision and findings of fact and law by the judge of the special term sufficiently illustrate the facts and points. 1. By indenture of lease, bearing date April 9, 1859, and delivered on or about that day, the defendant, William Austin, leased to the plaintiff, Gilbert Giles, the premises, in the city of New York belonging to said Austin, known by the street-number thirty Reade-street, with the lot in the rear thereof,…
1Opinion of the CourtVan Vorst, J.
Equitable relief, in cases of penalties and forfeitures, is limited to such cases as admit of compensation, according to the original intent of the parties.
In cases where the penalty or forfeiture is designed to secure the payment of a certain sum of money, a court of equity will afford relief on payment of the money secured, with interest.
As to the covenants in question contained in the lease, the principal end to be attained was the payment to the landlord of the rent reserved, and the discharge of the estate from the taxes and assessments which might be imposed during the term. The right…
2Cases cited4 opinions
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Garner v. HannahThe Superior Court of New York City · 1857
- Tibbs v. MorrisNew York Supreme Court · 1865
- Morel v. GarellyNew York Court of Common Pleas · 1863