Agate v. Lowenbein
New York Court of Common Pleas
Appeal from a decision of the court at equity term. The plaintiff, by lease under seal, dated March 3, 1866, leased to Eugene Mendes “ the whole of the building and premises known as Ho. 645 Broadway, in the city of Hew York, and also the three upper floors of Ho. 647 Broadway, in the said city, with the privilege of using the stairs of Ho. 647 Broadway for the purpose of carrying in or out ashes, coal, and so forth, with the appurtenances,” for ten years from May 1, 1866,…
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Appeal from a decision of the court at equity term. The plaintiff, by lease under seal, dated March 3, 1866, leased to Eugene Mendes “ the whole of the building and premises known as Ho. 645 Broadway, in the city of Hew York, and also the three upper floors of Ho. 647 Broadway, in the said city, with the privilege of using the stairs of Ho. 647 Broadway for the purpose of carrying in or out ashes, coal, and so forth, with the appurtenances,” for ten years from May 1, 1866, at the yearly rent of $11,500, payable quarterly. In the lease Mendes covenanted “ that he would not use the premises…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—There was no ground for equitable interference for the alleged breach of the covenant, that the premises were not to be used for any business that would increase the hazard or rates of insurance more than would be caused by the steam engine and boiler, for the reason that the plaintiff has an ample remedy at law. If the premises are so used, and the plaintiff has in consequence to pay an increased rate for the hazard of insurance, then the increased amount he has to pay for insurance is the exact measure of his damages for the breach of the covenant, and this he…
2Cases cited3 opinions
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- Fisk v. WilberNew York Supreme Court · 1849
3Cited by2 opinions
- Erwin v. HurdNew York Supreme Court · 1883
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