Phyfe v. Wardell & Woolley
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, overruling a demurrer to the complainant’s bilí.
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This was an appeal from an order of the vice chancellor of the first circuit, overruling a demurrer to the complainant’s bilí. The complainant stated in his bill that the owner of the premises, the corporation of St. Michael’s church at Bloomingdale in the city of New-York, leased to P. Fowler, lot No. 38, on the north side of Vesey street, for the term of twenty-one years from the 35th of March, 1811, at the yearly rent of $150; which lease, by divers mesne assignments, came to the complainant; that on the first of February, 1833, the complainant leased part of the premises, for one year…
1Opinion of the Court
The Chancellor.
Although, as between landlord and tenant, the complainant had no legal or equitable right to a ■renewal, as it depended upon the mere volition of his landlord, yet, in regard to third persons, he had an interest which a court of equity recognizes as a valuable and vendible interest. The rule on this subject is, that if a person who has a particular or special interest in a lease, obtains a renewal thereof from the circumstance of his being in possession as tenant, or from having such particular interest, the renewed lease is, in equity, considered as a mere continuance of the…
2Cited by19 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Seymour v. FreerSupreme Court of the United States · 1869
- Emery v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1901
- Robinson v. . JewettNew York Court of Appeals · 1889
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