Barhydt v. . Ellis
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court of the Fourth judicial district affirming a judgment dismissing the complaint. The action was brought to recover of the defendants, as sureties, certain installments of rent of the “Eagle Hotel,” Schenectady. On the 27th of April, 1866, Nicholas Barkydt, now deceased, leased the premises to J. G. Carley, by a lease partly written and partly printed.
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Appeal from a judgment of the late General Term of the Supreme Court of the Fourth judicial district affirming a judgment dismissing the complaint. The action was brought to recover of the defendants, as sureties, certain installments of rent of the “Eagle Hotel,” Schenectady. On the 27th of April, 1866, Nicholas Barkydt, now deceased, leased the premises to J. G. Carley, by a lease partly written and partly printed. In the body of the lease-were the following written words: “ and in case the said rent is not paid when due, as aforesaid, then the said Barhydt is to notify the Messrs. Ellis,…
1Opinion of the CourtRapallo, J.
The stipulation in the lease from Bichólas Barhydt to J. Gr. Carley, to the effect that, if the rent should not be paid when due, the lessor would notify the sureties, and that they should have the right to dispossess the lessee, and take possession of the premises on payment of the rent, was, in terms, made between the lessor and lessee; but the liability of the lessee for the rent was in no manner dependent upon the observance of that stipulation, or affected by its breach; nor did it form any part of the principal contract, for the performance of which the defendants were sureties, within…
2Cases cited5 opinions
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- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
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- Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
- Wildes v. SavageU.S. Circuit Court for the District of Massachusetts · 1839
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- Shutts v. . FingarNew York Court of Appeals · 1885
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