Wilkinson v. Pettit
New York Supreme Court
THIS cause comes before the court upon exceptions ordered to be heard in the first instance at general term. The action was tried at the Rensselaer circuit, before Justice Hogeboom and a jury, and the complaint was dismissed.
Read the full summary
THIS cause comes before the court upon exceptions ordered to be heard in the first instance at general term. The action was tried at the Rensselaer circuit, before Justice Hogeboom and a jury, and the complaint was dismissed. The action was brought to recover possession of certain premises situated in the city of Troy. - On the 27th September, 1862, the plaintiff leased to John Walsh, Phineas S. Pettit, and Aaron 0. Anthony, comprising the firm of Walsh, Pettit & Co., the premises described in the complaint, for the term of three years from the 1st of May, 1862. The lease contains the…
1Opinion of the Court
By the Court, Ingalls, J.
By the lease the premises were demised to John Walsh, Phineas S. Pettit and Aaron G. Anthony, composing the firm of Walsh, Pettit & Co., and to their executors, administrators and assigns, for the term of three years, with the privilege of an extension of the lease two years, at the election of the lessees. The provision contained in the lease is as follows: “ To continue this lease in force for the term of two years after its expiration, as above provided, upon condition that they shall signify such, their election, by giving to the party of the first part a written…
2Cases cited3 opinions
- Piggot v. MasonNew York Court of Chancery · 1829
- Roosevelt v. . HopkinsNew York Court of Appeals · 1865
- Dexter v. BevinsNew York Supreme Court · 1864
3Cited by3 opinions
- Baker v. DavisSupreme Court of Georgia · 1907
- Pollard v. ShafferSupreme Court of the United States · 1787
- Matter of Loew's Buffalo Theatres, Inc.New York Court of Appeals · 1922