Legal Opinion
Vernam v. . Smith
New York Court of Appeals
Decided June 5, 1857PublishedCited by 19 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It was a good plea, at common law, in an action of debt for rent, by virtue of a parol demise, or upon a lease not under the seal of the lessee, that the plaintiff had nothing in the tenements at the time of the lease; (Co. Litt. by Thomas, 415;Syllivan v. Stradling, 2 Wils., 217); and the reason of this is, according to Lord COKE, that "in every contract there must be quid pro quo, and therefore, if the lessor hath nothing in the land, the lessee hath not quid…
2Cases cited3 opinions
- Sharpe v. KelleyNew York Supreme Court · 1848
- Whitney v. LewisNew York Supreme Court · 1839
- Brown, Russell & Russell v. SpragueNew York Supreme Court · 1848
3Cited by19 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Koeber v. SomersWisconsin Supreme Court · 1901
- Tilyou v. . ReynoldsNew York Court of Appeals · 1888
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