Legal Opinion

Schieffelin v. Carpenter

New York Supreme Court

Decided May 15, 1836PublishedCited by 40 opinions

This was an action of covenant, tried at the New York circuit in April, 1834, before the Hon. Ogden Edwards,' one of the circuit judges. The plaintiff declared on a lease under seal, made by him to Edmund T. Carpenter, bearing date 1st April, 1829, demising a dwelling house and lot of ground of 5£ acres, situate in the twelfth Ward of the city of New York, for the term of six years, subject to an annual rent of $325,to be paid quarterly.

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This was an action of covenant, tried at the New York circuit in April, 1834, before the Hon. Ogden Edwards,' one of the circuit judges. The plaintiff declared on a lease under seal, made by him to Edmund T. Carpenter, bearing date 1st April, 1829, demising a dwelling house and lot of ground of 5£ acres, situate in the twelfth Ward of the city of New York, for the term of six years, subject to an annual rent of $325,to be paid quarterly. The lease was-a tripartite indenture, Daniel S. Iiawkhurst and Daniel Carpenter being parties thereto, and uniting with the tenant in the covenants to be…

1Opinion of the Court

By the Court,

Nelson, J.

This case has been elaborately argued upon paper by the respective counsel, and all the authorities and principles bearing upon the points disputed, have been referred to and examined ; and were it not for some recent cases in the English courts, that are very confidently urged by the defendant’s counsel, it seems to me there would be but little difficulty in disposing .of the case. A surrender js defined to be a yielding up of an estate for life or years to him who hath the immediate estate in reversion or remain*405der, wherein the estate for life or years may drown by…

2Cases cited1 opinion

  1. Van Rensselaer's Heirs v. PennimanNew York Supreme Court · 1831

3Cited by40 opinions

  1. Bedford v. . TerhuneNew York Court of Appeals · 1864
  2. Coe v. . HobbyNew York Court of Appeals · 1878
  3. Agate v. . LowenbeinNew York Court of Appeals · 1874
  4. Chamberlain v. . DunlopNew York Court of Appeals · 1891
  5. Smith v. NiverNew York Supreme Court · 1848

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