Chaude v. . Shepard
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of 3STew York, entered upon an order made April 4, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Superior Court of the city of 3STew York, entered upon an order made April 4, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict. On the 1st day of September, 1886, the parties entered into an agreement of lease by which the defendant of the first part demised to the plaintiff of the second part certain premises in the city of Hew York, for the term of three years and eight months from that date, for the yearly rent of $6,000, payable in equal monthly payments on the fifteenth day of each month. In it was the provision…
1Opinion of the CourtBradley, J.
There was no express promise in the lease to repay the deposited sum, or any part of it, to the plaintiff in any event. And it is insisted, on the part of the defendant, that none can be implied, inasmuch as the contract provided what disposition should be made of it in case the lease was terminated by the default of the plaintiff before the end of the term. The main question has relation to the effect of that provision of the agreement in the lease. It may be observed that the primary purpose of the deposit was security for the performance by the plaintiff of his covenants in that…
2Cases cited4 opinions
- Cotheal v. . TalmageNew York Court of Appeals · 1854
- Scott v. . MontellsNew York Court of Appeals · 1888
- Page v. . McDonnellNew York Court of Appeals · 1873
- Colwell v. . LawrenceNew York Court of Appeals · 1868
3Cited by54 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Galbraith v. WoodSupreme Court of Minnesota · 1914
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